¶1We reverse appellant’s conviction for grand theft and remand to the circuit court, where appellant’s sentence shall be vacated. Convictions for grand theft and robbery of the same property violate double jeopardy because those offenses are aggravated forms of the same underlying offense. See Simmons v. State, 634 So.2d 153, 154 (Fla.1994); Young v. State, 454 So.2d 586, 587 (Fla. 4th DCA 1984). Nothing in the record of the plea bargain indicates that appellant waived the double jeopardy violation as part of the plea.
992 So. 2d 920
Grey v. State
District Court of Appeal of Florida
Decided October 29, 2008
District Court of Appeal of Florida · decided 2008-10-29
Relies on 634 So. 2d 153 - Sirmons v. State · Young v. State
Decided 2008-10-29