Poole v. State

Joshua Allen Poole was charged with burglary, dealing in stolen property, and grand theft. At trial, the court did not instruct the jury that it could not find Poole guilty of both grand theft and dealing in stolen property under section 812.025, Florida Statutes (2009), and Poole did not request such an instruction. The jury convicted Poole of both dealing in stolen property and the lesser-included offense of petit theft, but acquitted him of burglary. Thereafter, the trial court dismissed the theft charge and sentenced Poole only for dealing in stolen property.

On appeal, Poole argues that…