Legal Opinion

Rosado v. State

District Court of Appeal of Florida

Decided February 4, 2004No. 4D02-1450PublishedCited by 3 opinions

1Opinion of the CourtWarner, J.

Appellant sought to withdraw his plea after he was sentenced to concurrent five-year prison terms for grand theft and dealing in stolen property. Appellant challenges the trial court’s denial of the motion claiming that adjudication and sentencing for both grand theft and dealing in stolen property violates double jeopardy and constitutes fundamental error. We affirm, concluding that appellant’s plea amounted to a plea bargain, and any double jeopardy claim was therefore waived.

Appellant was charged with burglary of a dwelling, dealing in stolen property, and grand theft. The events resulting…

2Cases cited2 opinions

  1. Novaton v. StateSupreme Court of Florida · 1994
  2. Hall v. StateSupreme Court of Florida · 2002

3Cited by3 opinions

  1. Hawkins v. StateDistrict Court of Appeal of Florida · 2014
  2. Thornton v. StateDistrict Court of Appeal of Florida · 2015
  3. Thornton v. StateDistrict Court of Appeal of Florida · 2015

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