Blackmon v. State
Annotate this CaseDefendant was charged with burglary, petit theft, and dealing in stolen property. The trial court did not instruct the jury it could not return a guilty verdict for both theft and dealing in stolen property pursuant to Fla. Stat. 812.025, and Defendant did not request such an instruction. The jury found Defendant guilty of both offenses. Defendant appealed, asserting that he was entitled to a new trial because he was convicted of both petit theft and dealing in stolen property in violation of section 812.025. The district court concluded that although Defendant did not object to the dual convictions at trial, he was permitted to challenge the convictions on appeal. The court then vacated the petit theft conviction. The Supreme Court affirmed, holding (1) although the trial court erred in rendering the dual convictions, it was not fundamental error such that would require a new trial; and (2) accordingly, the district court properly affirmed Defendant's dealing in stolen property conviction while reversing his petit theft conviction.
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