CARDONNE V. STATE
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Third District Court of Appeal State of Florida, January Term, A.D. 2011 Opinion filed June 1, 2011. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D09-2224 Lower Tribunal No. 07-9958 ________________ Alfred Cardonne, Appellant, vs. The State of Florida, Appellee. An Appeal from the Circuit Court for Miami-Dade County, Julio Jimenez, Judge. Evan H. Baron (Weston), for appellant. Pamela Jo Bondi, Attorney General, and Douglas J. Glaid, Senior Assistant Attorney General, for appellee. Before SHEPHERD, CORTIÃ AS, and SALTER, JJ. SHEPHERD, J. The defendant, Alfred Cardonne, appeals his dual convictions and sentences for grand theft of over $100,000 and organized scheme to defraud $50,000 or more. As in Pizzo v. State, 945 So. 2d 1203, 1206-07 (Fla. 2006), we vacate the defendant s conviction for grand theft as a lesser included offense of his conviction for organized fraud; it being settled in Florida that where convictions for grand theft and organized fraud are based upon the same conduct, double jeopardy principles preclude convictions for both and the appellate court should reverse the lesser offense conviction and affirm the greater. Id. at 1206 (citing State v. Barton, 523 So. 2d 152, 153 (Fla. 1988)). We find no merit on any of the other issues raised. Affirmed in part, and reversed in part with directions to vacate the defendant s conviction for the lesser included offense of grand theft. defendant need not be present. 2 The
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