FEMI ADOYE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2017-08-21
No. CASE NO. 1D16-3432
ROBERTS, OSTERHAUS and M.K. THOMAS, JJ., CONCUR.
224 So. 3d 887 Florida District Court of Appeal, First District (2017) Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant, Femi Adoye, appeals his dual convictions for grand theft, a third-degree felony under section 812.014(2)(d), Florida Statutes (2015), and dealing in stolen property, a second-degree felony under section 812.019(1), Florida Statutes (2015). The appellant argues his dual convictions violate double jeopardy because both offenses. were committed during a single, ongoing scheme. See § 812.025, Fla. Stat. (2015). The State concedes this error. We reverse and remand to vacate the lesser grand theft, conviction. See Blackmon v. State, 121 So.3d 535, 548 (Fla. 2013); Jack*888son v. State, 197 So.3d 649 (Fla. 1st DCA 2016).

REVERSED AND REMANDED.

ROBERTS, OSTERHAUS and M.K. THOMAS, JJ., CONCUR.

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Citator

Cited By

  • Bennett v. State, 229 So. 3d 1289 (Fla. 1st DCA 2017)
    …ellant’s convictions violate section 812.025, Florida Statutes (2015), which prohibits dual convictions for dealing in stolen property and theft when the offenses were committed in connection with one scheme or course of conduct. See Adoye v. State, 224 So. 3d 887, 887 (Fla. 1st DCA 2017) (agreeing with the appellant and the State’s concession of error that the appellant’s dual convictions for grand theft and dealing in stolen property violated double jeopardy because both offenses were committed during a sin…
  • Bradshaw v. State, 263 So. 3d 1139 (Fla. 1st DCA 2019)
    …mandates that we remand this case to the trial court for appropriate action. Appellant argues the appropriate remedy is to remand for the trial court to strike the theft conviction, which is the lesser offense. He is correct. See Adoye v. State, 224 So. 3d 887 (Fla. 1st DCA 2017). We, therefore, remand with instructions that the trial court vacate the conviction for petit theft. Appellant need not be present. AFFIRMED in part; REVERSED in part; and REMANDED. LEWIS and ROWE, JJ., concur. ________…

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