Newland v. State
Newland v. State
Opinion of the Court
David Newland [“Newland”] appeals his judgment and sentence for dealing in stolen property, a second-degree felony, and petit theft, a second-degree misdemeanor arising out of Newland’s theft and subsequent pawning of his roommate’s tools.
Notwithstanding any other provision of law, a single indictment or information may, under proper circumstances, charge theft and dealing in stolen property in connection with one scheme or course of conduct in separate counts that may be consolidated for trial, but the trier of fact may return a guilty verdict on one or the other, but not both, of the counts.
The state properly concedes that the conviction for the lesser charge of petit theft should be vacated. Dasher, 687 So.2d at 917; Blair, 667 So.2d at 841.
AFFIRMED in part; REVERSED in part.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.