Anthony Smith v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED ANTHONY SMITH, Appellant, v. Case No. 5D15-2217 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed May 6, 2016 Appeal from the Circuit Court for Marion County, Willard Pope, Judge. James S. Purdy, Public Defender, and Jacqueline Rae Luker, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Deborah A. Cheesman, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. ON CONCESSION OF ERROR Anthony Smith appeals his dealing in stolen property and grand theft convictions, contending that the dual convictions violate section 812.025, Florida Statutes (2015), as they arose from the same scheme or course of conduct.1 The State commendably concedes error based on the clear language of the statute and this Court’s opinion in Melendez v. State, 135 So. 3d 456 (Fla. 5th DCA 2014). We accept the State’s concession of error, affirm Smith’s conviction for the greater offense of dealing in stolen property and vacate his conviction for grand theft. AFFIRMED in part; REVERSED in part. ORFINGER, EVANDER and COHEN, JJ., concur. 1 Smith does not appeal his convictions or sentences for burglary of a dwelling and falsification of ownership to a pawnbroker. 2

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