Anthony Smith v. State

District Court of Appeal of Florida

Anthony Smith v. State

190 So. 3d 257, 2016 WL 2609639, 2016 Fla. App. LEXIS 7048

CourtDistrict Court of Appeal of Florida

DecidedMay 6, 2016

Docket5D15-2217

StatusPublished

This text of 190 So. 3d 257 (Anthony Smith v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Anthony Smith v. State, 190 So. 3d 257, 2016 WL 2609639, 2016 Fla. App. LEXIS 7048 (Fla. Ct. App. 2016).

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Opinion

ON CONCESSION OF ERROR

PER CURIAM.

Anthony Smith appeals his dealing in stolen- property and grand theft convictions, contending that the dual convictions violate section 812.025, Florida Statutes (2015), as they arose from the same scheme or course of conduct. 1 The State commendably concedes error based on the clear language of the statute and this Court’s opinion in Melendez v. State, 135 So.3d 456 (Fla. 5th DCA 2014). We accept the Statens concession of error, affirm Smith’s conviction for the. greater offense of dealing in stolen property and vacate his conviction for grand theft.

AFFIRMED in part; REVERSED in part.

ORFINGER, EVANDER and COHEN, JJ., concur.

1

. Smith'does not appeal-his convictions-nr sentences for burglary of a dwelling and falsification of ownership to a pawnbroker.

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ON CONCESSION OF ERROR

PER CURIAM.

Anthony Smith appeals his dealing in stolen- property and grand theft convictions, contending that the dual convictions violate section 812.025, Florida Statutes (2015), as they arose from the same scheme or course of conduct. 1 The State commendably concedes error based on the clear language of the statute and this Court’s opinion in Melendez v. State, 135 So.3d 456 (Fla. 5th DCA 2014). We accept the Statens concession of error, affirm Smith’s conviction for the. greater offense of dealing in stolen property and vacate his conviction for grand theft.

AFFIRMED in part; REVERSED in part.

ORFINGER, EVANDER and COHEN, JJ., concur.

1

. Smith'does not appeal-his convictions-nr sentences for burglary of a dwelling and falsification of ownership to a pawnbroker.

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Bluebook (online)

190 So. 3d 257, 2016 WL 2609639, 2016 Fla. App. LEXIS 7048, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anthony-smith-v-state-fladistctapp-2016.

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