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422 So. 2d 67

Docket No. 81-1608.

Victory v. State

Roger VICTORY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided November 17, 1982.

District Court of Appeal of Florida · decided 1982-11-17

Key passage — most relied on by later courts

“Charging theft and dealing in stolen property.—Notwithstanding any other provision of law, a single indictment or information may, under proper circumstances, charge theft and dealing in stolen property in connection with one scheme or course of conduct in separate counts that may be consolidated for trial, but the trier of fact may return a guilty verdict on one or the other, but not both, or the counts.”

quoted by 4 later decisions, including 503 So. 2d 443 - Duncan v. State, 121 So. 3d 535 - Blackmon v. State

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

Good law ✅— No negative treatment on recordhow we know

Decided 1982-11-17

How this case has been cited

Cited by 11 later decisions — most recently August 2013

11 state decisions

401982199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Jerry Hill, Public Defender, and Paul C. Helm, Asst. Public Defender, Bartow, for appellant.

¶2Jim Smith, Atty. Gen., Tallahassee, and Michael A. Palecki, Asst. Atty. Gen., Tampa, for appellee.

¶3DANAHY, Judge.

¶4The defendant stole some tractor-trailers in Pasco County. On the same date, he took the trailers to Manatee County and sold them to Ramon Garcia for $4,500 in cash and a $3,000 note. The defendant was convicted of grand theft in Pasco County.

¶5*68 This appeal arises from Manatee County, where the defendant was charged with dealing in stolen property and grand theft. The grand theft charge was based on the defendant's obtaining money and a note from Garcia by falsely representing that he had clear title to the trailers. The defendant's motion to dismiss the charges in Manatee County was denied. The defendant then pled nolo contendere reserving his right to appeal the denial of the motion to dismiss. We affirm in part and reverse in part.

¶6Section 812.025, Florida Statutes (1981), forbids convictions for both theft and dealing in stolen property in connection with one scheme or course of conduct. The defendant having been convicted of grand theft in Pasco County, he may not also be convicted in Manatee County for the offense of dealing in the property stolen. Kelly v. State,397 So.2d 709 (Fla. 5th DCA 1981). We reverse as to that conviction.

¶7However, we see no impediment to the conviction in Manatee County for grand theft based upon the fact that the defendant obtained Garcia's money and note by falsely representing that he had clear title to the trailers. Section 775.021(4), Fla. Stat. (1981); Borges v. State,415 So.2d 1265 (Fla. 1982). Therefore, we affirm the grand theft conviction.

¶8REVERSED in part and AFFIRMED in part.

¶9HOBSON, A.C.J., and GRIMES, J., concur.

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