Legal Opinion

Haywood v. State

District Court of Appeal of Florida

Decided October 21, 2011No. 5D09-4217PublishedCited by 3 opinions

1Per curiam

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…

2Cases cited2 opinions

  1. Ridley v. StateDistrict Court of Appeal of Florida · 1981
  2. Kiss v. StateDistrict Court of Appeal of Florida · 2010

3Cited by3 opinions

  1. Blackmon v. StateSupreme Court of Florida · 2013
  2. Haywood v. StateDistrict Court of Appeal of Florida · 2014
  3. McComas v. StateDistrict Court of Appeal of Florida · 2013

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