¶1Both appellant and the state agree that the circuit court committed fundamental error when, after a non-jury trial, it entered judgments of conviction for both organized fraud and grand theft. We reverse and remand to the circuit court to vacate the conviction for grand theft and resentence appellant for organized fraud. See Pizzo v. State, 945 So.2d 1203 (Fla.2006); Newton v. State, 31 So.3d 892 (Fla. 4th DCA 2010); Pineda v. State, 3 So.3d 1289 (Fla. 4th DCA 2009).
48 So. 3d 1031
Robinson v. State
District Court of Appeal of Florida
Decided December 8, 2010
District Court of Appeal of Florida · decided 2010-12-08
Relies on 945 So. 2d 1203 - Pizzo v. State · Acosta v. State · Newton v. State
Decided 2010-12-08