Public-domain · open source
OpenJurist

828 So. 2d 1055

Docket Nos. 4D00-2675, 4D00-2676, 4D00-2718, 4D00-3293 and 4D01-61.

Eugene v. State

Jeffrey EUGENE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided October 16, 2002.

Rehearing Denied November 6, 2002.

District Court of Appeal of Florida · decided 2002-10-16

Relies on Kelly v. State · Hall v. State

Decided 2002-10-16

¶1Carey Haughwout, Public Defender, and Ian Seldin, Assistant Public Defender, West Palm Beach, for appellant.

¶2Robert A. Butterworth, Attorney General, Tallahassee, and David M. Schultz, Assistant Attorney General, West Palm Beach, for appellee.

¶3

ON MOTION FOR REHEARING

¶4PER CURIAM.

¶5On June 20, 2001, we affirmed appellant's convictions on the authority of Hall v. State, 767 So.2d 560 (Fla. 4th DCA 2000). On July 10, 2001, we stayed issuance of the mandate pending the supreme court's review of Hall.

¶6Based on Hall v. State, 826 So.2d 268 (Fla.2002), we reverse appellant's convictions for grand theft and dealing in stolen property. A trial judge is prohibited "from adjudicating a defendant guilty of both theft and dealing in stolen property in connection with one scheme or course of conduct pursuant to a plea of nolo contendere." Id. at 271.

¶7Appellant's motion for rehearing is granted and the case is remanded to the circuit court for resentencing.

¶8POLEN, C.J., STONE and GROSS, JJ., concur.

/828/so2d/1055 · .json · Public domain