Culpepper v. State

Defendant was charged with both grand theft and dealing in stolen property. Because the grand theft and dealing in stolen property charges arose from one scheme or course of conduct, the trial court dismissed the grand theft count. Defendant was then convicted of dealing in stolen property. Defendant appealed, arguing that the trial court should have instructed the jury that it could return a verdict for dealing in stolen property or grand theft, but not both. The court of appeal certified questions to the Supreme Court that the court certified in Williams v. State. The Supreme Court stayed proceedings pending disposition of Williams, in which the Court held that the defendant’s convictions for dealing in stolen property and grand theft violated Fla. Stat. 812.025 and that the trial court erred in precluding defense counsel from arguing that the jury could find the defendant guilty of either offense. After Williams was decided, the Supreme Court granted Petitioner’s petition for review, quashed the court of appeal’s decision, and remanded for further proceedings consistent with Williams.