Jackson v. State

District Court of Appeal of Florida

Jackson v. State

867 So. 2d 1274, 2004 Fla. App. LEXIS 3763, 2004 WL 574319

CourtDistrict Court of Appeal of Florida

DecidedMarch 24, 2004

DocketNo. 4D02-3397

StatusPublished

This text of 867 So. 2d 1274 (Jackson 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

Jackson v. State, 867 So. 2d 1274, 2004 Fla. App. LEXIS 3763, 2004 WL 574319 (Fla. Ct. App. 2004).

Pincite

Opinion

GROSS, J.

A jury found appellant Earnest Jackson guilty of dealing in stolen property and grand theft. Both charges involved the same property.

The trial court orally indicated that it would adjudicate Jackson only on the dealing in stolen property count and that the grand theft count would be dismissed. [1275]*1275However, a written order sentenced Jackson to five years in prison on both counts.

Jackson filed a motion under Florida Rule of Criminal Procedure 3.800(b)(2) to correct the sentencing error, contending that although the trial court only adjudicated him guilty of dealing in stolen property, it sentenced him to prison on both counts. The trial court did not rule within sixty days, so the motion was deemed denied. See Fla. R.Crim. P. 3.800(b)(1)(B).

Section 812.025, Florida Statutes (2002), expressly prohibits an individual from being convicted of theft and dealing in stolen property in connection with one scheme or course of conduct. We remand this case to the circuit court to vacate the sentence on the grand theft charge. See Eugene v. State, 828 So.2d 1055 (Fla. 4th DCA 2002).

WARNER and STEVENSON, JJ„ concur.

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