Florida District Courts of Appeal, 2016

Anthony Smith v. State

Anthony Smith v. State
Florida District Courts of Appeal · Decided May 6, 2016 · Orfinger, Evander, Cohen
190 So. 3d 257; 2016 WL 2609639; 2016 Fla. App. LEXIS 7048 (Southern Reporter, Third Series)

Anthony Smith v. State

Opinion

ON CONCESSION OF ERROR

PER CURIAM.

Anthony Smith appeals his dealing in stolen- property and grand theft convictions, contending that the dual convictions violate section 812.025, Florida Statutes (2015), as they arose from the same scheme or course of conduct. 1 The State commendably concedes error based on the clear language of the statute and this Court’s opinion in Melendez v. State, 135 So.3d 456 (Fla. 5th DCA 2014). We accept the Statens concession of error, affirm Smith’s conviction for the. greater offense of dealing in stolen property and vacate his conviction for grand theft.

AFFIRMED in part; REVERSED in part.

ORFINGER, EVANDER and COHEN, JJ., concur.
1

. Smith'does not appeal-his convictions-nr sentences for burglary of a dwelling and falsification of ownership to a pawnbroker.

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