Friel v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT KATHY R. FRIEL, ) ) Appellant, ) ) v. ) ) STATE OF FLORIDA, ) ) Appellee. ) ________________________________ ) Case No. 2D12-387 Opinion filed March 6, 2013. Appeal from the Circuit Court for Hardee County; Marcus Ezelle, Judge. Howard L. Dimmig, II, Public Defender, and Kevin Briggs, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Dawn A. Tiffin, Assistant Attorney General, Tampa, for Appellee. NORTHCUTT, Judge. Kathy Friel argues, and the State concedes, that the trial court could not enter convictions for both grand theft and dealing in stolen property in this case. See § 812.025, Fla. Stat. (2010) (stating that only one of these convictions may be sustained when both were committed in one scheme or course of conduct); see also Hall v. State, 826 So. 2d 268 (Fla. 2002). Friel was sentenced to ten years in prison for dealing in stolen property but to only time served for grand theft. Both parties agree that the proper remedy in this case is to vacate the grand theft conviction. See Anucinski v. State, 90 So. 3d 879 (Fla. 2d DCA 2012). Accordingly, we reverse the conviction for grand theft. Reversed and remanded for the trial court to vacate the grand theft conviction. VILLANTI and MORRIS, JJ., Concur. -2-

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