Gallon v. State

District Court of Appeal of Florida

Gallon v. State

648 So. 2d 309, 1995 Fla. App. LEXIS 572, 1995 WL 4906

CourtDistrict Court of Appeal of Florida

DecidedJanuary 6, 1995

DocketNos. 94-01452, 94-02652

StatusPublished

This text of 648 So. 2d 309 (Gallon 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

Gallon v. State, 648 So. 2d 309, 1995 Fla. App. LEXIS 572, 1995 WL 4906 (Fla. Ct. App. 1995).

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Opinion

FRANK, Chief Judge.

Gallon was convicted of felony petit theft even though that crime was not charged in the information. As Gallon contends and as the state has conceded, the state should have included the necessary elements of felony petit theft in the charging document in order to obtain a valid conviction for that crime. Young v. State, 641 So.2d 401 (Fla.1994).

Because the defendant has already served a greater sentence than he could have been given for misdemeanor petit theft, we accordingly order that his conviction for felony petit theft be reversed and that he be immediately released from incarceration.

THREADGILL and PARKER, JJ., concur.

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FRANK, Chief Judge.

Gallon was convicted of felony petit theft even though that crime was not charged in the information. As Gallon contends and as the state has conceded, the state should have included the necessary elements of felony petit theft in the charging document in order to obtain a valid conviction for that crime. Young v. State, 641 So.2d 401 (Fla.1994).

Because the defendant has already served a greater sentence than he could have been given for misdemeanor petit theft, we accordingly order that his conviction for felony petit theft be reversed and that he be immediately released from incarceration.

THREADGILL and PARKER, JJ., concur.

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648 So. 2d 309, 1995 Fla. App. LEXIS 572, 1995 WL 4906, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gallon-v-state-fladistctapp-1995.

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