Francois v. State
Francois v. State
Opinion of the Court
Appellant, Paul Francois, appeals his convictions for two counts of grand theft and one count of organized scheme to defraud. Appellant raises arguments with respect to the trial court’s denial of his motions for judgment of acquittal, for a special jury instruction, and for a mistrial. We find no error and affirm these issues without further discussion.
Appellant also argues that the grand theft convictions violate double jeopardy because grand theft is a lesser-included offense of organized scheme to defraud. We agree, and we therefore reverse and remand for the trial court to vacate appellant’s grand theft convictions, and resen-tence him solely on his organized scheme to defraud conviction. See. Pineda v. State, 3 So.3d 1289, 1289 (Fla. 4th DCA 2009) (“All the elements of the crime of theft are included within the offense of organized fraud. . Therefore, a defendant
Affirmed in part, reversed in part, and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.