Bermudez v. State

District Court of Appeal of Florida

Bermudez v. State

831 So. 2d 789, 2002 Fla. App. LEXIS 17817, 2002 WL 31728782

CourtDistrict Court of Appeal of Florida

DecidedDecember 6, 2002

DocketNo. 5D01-3781

StatusPublished

This text of 831 So. 2d 789 (Bermudez 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.

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Bermudez v. State, 831 So. 2d 789, 2002 Fla. App. LEXIS 17817, 2002 WL 31728782 (Fla. Ct. App. 2002).

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Opinion

SAWAYA, J.

Andres Bermudez and his accomplice hatched a scheme whereby they led the victim to believe that they were taking him to a storage unit to buy a motorcycle being housed there. On the way to the storage unit, Bermudez and the accomplice forced the victim to hand over the $5,000 purchase price and fled. Bermudez was convicted of both robbery and grand theft for his role in taking the money from the victim. He argues on appeal that the dual convictions violate double jeopardy as both offenses arose out of the same criminal episode and were part of one continuous act.

The State concedes that Defendant’s convictions for both robbery and grand theft based upon the single taking of $5,000 from one victim violate double jeopardy principles. See Simmons v. State, 634 So.2d 153 (Fla.1994) (holding that a defendant could not be convicted of robbery and [790]*790grand theft of the same property). Here, the State agrees that the conviction for the lesser offense, grand theft, should be vacated. See Hardy v. State, 705 So.2d 979 (Fla. 4th DCA 1998) (holding the appropriate remedy for a double jeopardy violation is to vacate the conviction for the lesser offense). Accordingly, we affirm the robbery conviction, but vacate the conviction for grand theft and remand for resentenc-ing.

AFFIRMED in part; REVERSED in part; REMANDED for resentencing.

HARRIS and GRIFFIN, JJ„ concur.

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SAWAYA, J.

Andres Bermudez and his accomplice hatched a scheme whereby they led the victim to believe that they were taking him to a storage unit to buy a motorcycle being housed there. On the way to the storage unit, Bermudez and the accomplice forced the victim to hand over the $5,000 purchase price and fled. Bermudez was convicted of both robbery and grand theft for his role in taking the money from the victim. He argues on appeal that the dual convictions violate double jeopardy as both offenses arose out of the same criminal episode and were part of one continuous act.

The State concedes that Defendant’s convictions for both robbery and grand theft based upon the single taking of $5,000 from one victim violate double jeopardy principles. See Simmons v. State, 634 So.2d 153 (Fla.1994) (holding that a defendant could not be convicted of robbery and [790]*790grand theft of the same property). Here, the State agrees that the conviction for the lesser offense, grand theft, should be vacated. See Hardy v. State, 705 So.2d 979 (Fla. 4th DCA 1998) (holding the appropriate remedy for a double jeopardy violation is to vacate the conviction for the lesser offense). Accordingly, we affirm the robbery conviction, but vacate the conviction for grand theft and remand for resentenc-ing.

AFFIRMED in part; REVERSED in part; REMANDED for resentencing.

HARRIS and GRIFFIN, JJ„ concur.

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831 So. 2d 789, 2002 Fla. App. LEXIS 17817, 2002 WL 31728782, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bermudez-v-state-fladistctapp-2002.

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