Florida District Courts of Appeal, 2004

Naughton v. State

Naughton v. State
Florida District Courts of Appeal · Decided December 15, 2004 · Farmer, Stone, Taylor
889 So. 2d 931; 2004 Fla. App. LEXIS 19114; 2004 WL 2898164 (Southern Reporter, Second Series)

Naughton v. State

Opinion of the Court

PER curiam:.

We affirm appellant’s convictions for burglary and two counts of dealing in stolen property. Multiple convictions for dealing in property stolen from the same burglary do not constitute a double jeopardy violation where, as here, the stolen items were sold on different dates to different pawn shops.

However, as the state acknowledges, we must remand this case for the trial court to clarify whether it intends the 30-year HFO sentences imposed on Counts II and III, dealing in stolen property, to run concurrently or consecutively to the 30-year HFO sentence in Case No. 02-12332 CF10A, and if necessary, to correct the written sentences to reflect the court’s intent.

FARMER, C.J., STONE and TAYLOR, JJ., concur.

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