Jessica Patrice Anucinski v. State of Florida

In this case we consider the proper remedy on appeal when a defendant — who has entered an unbargained-for, open plea to the court — is improperly convicted of both theft and dealing in stolen property “in connection with one scheme or course of conduct,” contrary to section 812.025, Florida Statutes (2009), but the defendant failed to preserve the error in the trial court. Because I conclude that the proper remedy is to vacate the conviction of the lesser offense,71 would approve the result reached by the Second District Court of Appeal,

Generally, Florida law requires offenders to be…