Anderson v. State

This statute, which has been in effect for decades, and is not difficult to apply, continues to generate appeals. The error resulting from it being ignored in the trial court can be raised for the first time on appeal, because it is considered fundamental. Toson v. State, 864 So.2d 552 (Fla. 4th DCA 2004); Corvo v. State, 916 So.2d 44 (Fla. 3d DCA 2005).

Here the taking of the property was third degree grand theft, resulting in a five year sentence. The pawning of the same property resulted in a fifteen year sentence. When the statute is violated, as in this case, and the jury is allowed to…