Friel v. State
This text of 110 So. 3d 40 (Friel 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.
Opinion
Kathy Friel argues, and the State concedes, that the trial court could not enter convictions for both grand theft and dealing in stolen property in this ease. See § 812.025, Fla. Stat. (2010) (stating that only one of these convictions may be sustained when both were committed in one scheme or course of conduct); see also Hall v. State, 826 So.2d 268 (Fla.2002). Friel was sentenced to ten years in prison for dealing in stolen property but to only time served for grand theft. Both parties agree that the proper remedy in this case is to vacate the grand theft conviction. See Anucinski v. State, 90 So.3d 879 (Fla. 2d DCA 2012). Accordingly, we reverse the conviction for grand theft.
Reversed and remanded for the trial court to vacate the grand theft conviction.
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Cite This Page — Counsel Stack
110 So. 3d 40, 2013 WL 811481, 2013 Fla. App. LEXIS 3624, Counsel Stack Legal Research, https://law.counselstack.com/opinion/friel-v-state-fladistctapp-2013.