JESUS A. AVILIA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that although the defendant was convicted on multiple counts, the actions constituted a single offense of receiving stolen property, requiring only one adjudication and sentence.
The appellant was convicted on four counts of receiving stolen property, involving different entities' property but occurring simultaneously and with …
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This appeal is from the Court of Record of Broward County, Florida. The appellant was convicted on each count of a four-count information charging receiving stolen property, to-wit: (Count 1) airline tickets of Hart Travel Agency, Inc., (Count 2) travelers checks of Travel Plans, Inc., (Count 3) checks of GAC Finance Corporation of Miami, and (Count 4) check of Atlantic Loan Company of North Dade.
The appellant invoked the defense of entrapment and the question raised is whether the evidence shows, as a matter of law, that there was entrapment. The record shows that there was conflicting evidence as to the issue of entrapment and also that there was sufficient evidence not only to submit the issue to the jury but also to support the verdicts.
The trial judge correctly stated that the four offenses set out in the information were in fact one offense of receiving stolen property. Though the property was owned by different entities, the offense was by the same person, at the same time, in the same place, under the same circumstances and *299with the same intent. (Russell v. State, Fla.App. 1958, 107 So.2d 801.)
There is no reversible error in the ultimate result of the action by the trial judge, but since there is only one offense there can be only one adjudication and one sentence.
This cause is affirmed and remanded to the trial court with directions to impose and enter a judgment and sentence for the single offense of unlawfully receiving or aiding in the concealment of stolen property as charged.
Affirmed and remanded with instructions.
OWEN and MAGER, JJ., concur.
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Drakes v. State, 400 So. 2d 487 (Fla. 5th DCA 1981)…t of a firearm and other property at the same time and place as one continuous act or transaction is a single theft offense. Hearn v. State, 55 So. 2d 559, 28 A.L.R.2d 1179 (Fla.1951); Hill v. State, 293 So. 2d 79 (Fla.3d DCA 1974); Avilia v. State, 278 So. 2d 298 (Fla.4th DCA 1973); Russell v. State, 107 So. 2d 801 (Fla.2d DCA 1958). However, appellant failed to timely present his double jeopardy defense by motion to dismiss the information, as required by Florida Rule of Criminal Procedure 3.190(b), and it…
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Watts v. State, 440 So. 2d 505 (Fla. 1st DCA 1983)…1955). Decisions since Hearn, touching the issue before us, were gathered in Judge Cowart’s opinion for the court in Drakes v. State, 400 So. 2d 487 (Fla. 5th DCA 1981). They include Hill v. State, 293 So. 2d 79 (Fla. 3d DCA 1974); Avilia v. State, 278 So. 2d 298 (Fla. 4th DCA 1973), and Russell v. State, 107 So. 2d 801 (Fla. 2d DCA 1958). In Hill the court agreed with appellant’s contention that two robbery counts “charged only a single offense” and that “one of the counts must be reversed,” although two vi…
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Speregen v. State, 351 So. 2d 1074 (Fla. 2d DCA 1977)…me. 3. That the parts seized were subsequently traced or established as containing parts of each of the four stolen Corvettes. 4. That the total value of the seized parts of each of the stolen Corvettes exceeded $100 in value. In Avilia v. State, 278 So. 2d 298 (Fla.4th DCA 1973) the court held “that the four offenses set out in the information were in fact one offense of receiving stolen property.” The court went on to say: Though the property [airline tickets, travelers checks, finance company checks an…
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- Russell v. State, 107 So. 2d 801 (Fla. 2d DCA 1958)