Grey v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2008 PRINCE JAMALA GREY, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D08-614 [October 29, 2008] PER CURIAM. We 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 Sirmons 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. SHAHOOD, C.J., FARMER and GROSS, JJ., concur. * * * Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; James W. McCann, Judge; L.T. Case No. 562007CF002416A. Carey Haughwout, Public Defender, and John M. Conway, Assistant Public Defender, West Palm Beach, for appellant. Bill McCollum, Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee. Not final until disposition of timely filed motion for rehearing.

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