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404 So. 2d 1165

Williams v. State

District Court of Appeal of Florida

Decided October 21, 1981

District Court of Appeal of Florida · decided 1981-10-21

Cited by 3 later decisions — most recently March 1984

3 state decisions

Relies on 397 So. 2d 709 - Kelly v. State · Lopes v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1981-10-21

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RYDER, Judge.

¶1Williams appeals his convictions for burglary, grand theft and dealing in *1166stolen property. We reverse the conviction for grand theft since it was based on the same course of conduct that provided the foundation for the dealing in stolen property conviction. See Kelly v. State, 397 So.2d 709 (Fla. 5th DCA 1981); section 812.025, Florida Statutes (1979). We affirm the convictions for burglary and dealing in stolen property but vacate the sentences and remand for a hearing to determine if appellant had a prior felony conviction. If not, the court must order a presentence investigation prior to resentencing. See Lopes v. State, 309 So.2d 591 (Fla.2d DCA 1975); Fla.R.Crim.P. 3.710.

SCHEB, C. J., and GRIMES, J., concur.
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