Florida District Courts of Appeal, 2003

Dunkle v. State

Florida District Courts of Appeal · Decided March 28, 2003 · Altenbernd, Covington, Whatley

841 So. 2d 584; 2003 Fla. App. LEXIS 4142; 2003 WL 1568882 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Garnett v. State (Fla. Dist. Ct. App. 2003)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

WHATLEY, Judge.

David P. Dunkle appeals his judgments and sentences for grand theft and dealing in stolen property. The State concedes error. In Hall v. State, 826 So.2d 268, 271 (Fla. 2002), the Florida Supreme Court held that section 812.025, Florida Statutes (2000), prohibits a trial court from “adjudicating a defendant guilty of both theft and dealing in stolen property in connection with one scheme or course of conduct pursuant to a plea of nolo contendere.” Here, in case number CF00-07081A-XX, the trial court erred in adjudicating Dunkle guilty and sentencing him to four years in prison for both grand theft and dealing in stolen property.

Accordingly, we reverse Dunkle’s conviction for the grand theft, count three, in case number CF00-07081A-XX and remand for the trial court to resentence Dunkle on count four, dealing in stolen property. We affirm Dunkle’s judgments and sentences on counts one and two in case number CF00-07081A-XX and his convictions and sentences in case number CF00-07082A-XX.

Affirmed in part, reversed in part, and remanded.

ALTENBERND, C.J., and COVINGTON, J., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.