DERRICK JAMES HAYWOOD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A jury found Defendant guilty as charged of both grand theft and dealing in stolen property, which property was the subject of the grand theft. The trial court, correctly recognizing that a defendant cannot be convicted and sentenced for both offenses,1 did not adjudicate Defendant guilty of the lesser offense (grand theft) or sentence Defendant for that offense. The trial court’s procedure was proper pursuant to this court’s holding in Ridley v. State, 407 So.2d 1000 (Fla. 5th DCA 1981), that the remedy in this situation is to reverse the less serious conviction. Accordingly, we affirm the conviction for dealing in stolen property. We certify conflict with Kiss v. State, 42 So.3d 810 (Fla. 4th DCA 2010) (certifying conflict with Ridley).
AFFIRMED; CONFLICT CERTIFIED.
SAWAYA, LAWSON and COHEN, JJ., concur.
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Blackmon v. State, 121 So. 3d 535 (Fla. 2013)…the second degree is but a felony of the third degree, and the State has convinced the jury beyond a reasonable doubt as to both, we reverse the less serious conviction. Id. at 1002 (footnote omitted) (citations omitted); see also Haywood v. State, 73 So. 3d 824 (Fla. 5th DCA 2011) (affirming the trial court’s adjudication of guilt as to dealing in stolen property and not the lesser offense of grand theft as it was properly based on Ridley, and certifying conflict with Kiss). First District As demonstrate…
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McCOMAS v. State, 123 So. 3d 141 (Fla. 5th DCA 2013)…n 812.025, Florida Statutes (2011), prohibits convictions for both grand theft and dealing in stolen property. The State concedes in its response to the Motion for Rehearing that it was error to convict McComas of both offenses. In Haywood v. State, 73 So. 3d 824, 825 (Fla. 5th DCA 2011), this court held that the less serious conviction for grand theft must be reversed. See also Ridley v. State, 407 So. 2d 1000 (Fla. 5th DCA 1981). Accordingly, we reverse the conviction and sentence (five years in prison) fo…
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Haywood v. State, 148 So. 3d 525 (Fla. 5th DCA 2014)…PER CURIAM. This case was remanded by the Florida Supreme Court to this court for reconsideration of our prior opinion, Haywood v. State, 73 So. 3d 824 (Fla. 5th DCA 2011), in light of the supreme court’s holdings in Blackmon v. State, 121 So. 3d 535 (Fla.2013), and Williams v. State, 121 So. 3d 524 (Fla.2013). Haywood v. State, No. SC11-2354, 2014 WL 4413043 (Fla. Sept. 8, 2014). Defendant was ch…
Authorities Cited
- Ridley v. State, 407 So. 2d 1000 (Fla. 5th DCA 1981)
- Jollie v. State, 407 So. 2d 1000 (Fla. 5th DCA 1981)
- Kiss v. State, 42 So. 3d 810 (Fla. 4th DCA 2010)