Florida District Courts of Appeal, 2008

Grey v. State

Grey v. State
Florida District Courts of Appeal · Decided October 29, 2008 · Farmer, Gross, Shahood
992 So. 2d 920; 2008 Fla. App. LEXIS 16777; 2008 WL 4722996 (Southern Reporter, Second Series)

Grey v. State

Opinion of the Court

PER CURIAM.

We reverse appellant’s conviction for grand theft and remand to the circuit court, where appellant’s sentence shall be vacated. Convictions for grand theft and robbery of the same property violate double jeopardy because those offenses are aggravated forms of the same underlying offense. See Simmons v. State, 634 So.2d 153, 154 (Fla. 1994); Young v. State, 454 So.2d 586, 587 (Fla. 4th DCA 1984). Nothing in the record of the plea bargain indicates that appellant waived the double jeopardy violation as part of the plea.

SHAHOOD, C.J., FARMER and GROSS, JJ., concur.

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