Anucinski v. StateAnnotate this Case
Defendant was charged with one count each of grand theft and dealing in stolen property. Defendant executed a plea of guilty or no contest as to both offenses, and the trial court adjudicated Defendant of both offenses. Defendant appealed, arguing that the trial court violated Fla. Stat. 812.025 by adjudicating her guilty of both theft and dealing in stolen property. The Second District agreed with Defendant and reversed, holding that the trial court erred in adjudicating Defendant guilty of both offenses. The district court remanded with directions that the trial court vacate the grand theft conviction, the lesser offense, and to resentence Defendant accordingly. The Supreme Court quashed the district court’s decision, holding that the proper remedy on appeal in this case was to remand the case for the trial court to exercise its discretion in vacating the adjudication of guilt of either the dealing in stolen property or theft count and to resentence Defendant on the remaining count.