Smith v. State

Full title: Anthony SMITH, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Fifth District.

Date published: May 6, 2016

190 So. 3d 257 (Fla. Dist. Ct. App. 2016)

Opinion

No. 5D15–2217.

05-06-2016

Anthony SMITH, Appellant, v. STATE of Florida, Appellee.

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.

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.

ON CONCESSION OF ERROR

PER CURIAM.

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.

1 Smith does not appeal his convictions or sentences for burglary of a dwelling and falsification of ownership to a pawnbroker.

--------

AFFIRMED in part; REVERSED in part.

ORFINGER, EVANDER and COHEN, JJ., concur.