Cardonne v. State

District Court of Appeal of Florida

Cardonne v. State

61 So. 3d 1291, 2011 Fla. App. LEXIS 8037, 2011 WL 2135588

CourtDistrict Court of Appeal of Florida

DecidedJune 1, 2011

DocketNo. 3D09-2224

StatusPublished

This text of 61 So. 3d 1291 (Cardonne 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

Cardonne v. State, 61 So. 3d 1291, 2011 Fla. App. LEXIS 8037, 2011 WL 2135588 (Fla. Ct. App. 2011).

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Opinion

SHEPHERD, J.

The defendant, Alfred Cardonne, appeals his dual convictions and sentences for grand theft of over $100,000 and organized scheme to defraud $50,000 or more. As in Pizzo v. State, 945 So.2d 1203, 1206-07 (Fla.2006), we vacate the defendant’s conviction for grand theft as a lesser included offense of his conviction for organized fraud; it being settled in Florida that where convictions for grand theft and organized fraud are based upon the same conduct, “double jeopardy principles preclude convictions for both” and “the appellate court should reverse the lesser offense conviction and affirm the greater.” Id. at 1206 (citing State v. Barton, 523 So.2d 152, 153 (Fla.1988)). We find no merit on any of the other issues raised.

Affirmed in part, and reversed in part with directions to vheate the defendant’s conviction for the lesser included offense of grand theft. The defendant need not be present.

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SHEPHERD, J.

The defendant, Alfred Cardonne, appeals his dual convictions and sentences for grand theft of over $100,000 and organized scheme to defraud $50,000 or more. As in Pizzo v. State, 945 So.2d 1203, 1206-07 (Fla.2006), we vacate the defendant’s conviction for grand theft as a lesser included offense of his conviction for organized fraud; it being settled in Florida that where convictions for grand theft and organized fraud are based upon the same conduct, “double jeopardy principles preclude convictions for both” and “the appellate court should reverse the lesser offense conviction and affirm the greater.” Id. at 1206 (citing State v. Barton, 523 So.2d 152, 153 (Fla.1988)). We find no merit on any of the other issues raised.

Affirmed in part, and reversed in part with directions to vheate the defendant’s conviction for the lesser included offense of grand theft. The defendant need not be present.

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Bluebook (online)

61 So. 3d 1291, 2011 Fla. App. LEXIS 8037, 2011 WL 2135588, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cardonne-v-state-fladistctapp-2011.

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