Grimes v. State, 724 So. 2d 614 (Fla. 5th DCA 1998). · Go Syfert
Grimes v. State, 724 So. 2d 614 (Fla. 5th DCA 1998). Cases Citing This Book View Copy Cite
4 citation events across 2 distinct courts.
Strongest positive: State v. Avella (fladistctapp, 2019-06-21)
Top citers, strongest first. 2 distinct citers. How cited ↗
cited Cited "see, e.g." State v. Avella
Fla. Dist. Ct. App. · 2019 · signal: see, e.g. · confidence low
See, e.g. , State v. Wilkinson , 724 So. 2d 614 , 615 (Fla. 5th DCA 1998) ; State v. Hart , 677 So. 2d 385 , 386 (Fla. 4th DCA 1996).
cited Cited "see, e.g." State v. Avella
Fla. Dist. Ct. App. · 2019 · signal: see, e.g. · confidence low
See, e.g. , State v. Wilkinson , 724 So. 2d 614 , 615 (Fla. 5th DCA 1998) ; State v. Hart , 677 So. 2d 385 , 386 (Fla. 4th DCA 1996).
Retrieving the full opinion text from the archive…
Jasper D. GRIMES
v.
STATE of Florida
No. 98-3087.
District Court of Appeal of Florida, Fifth District.
Dec 23, 1998.
724 So. 2d 614
Jasper D. Grimes, Bowling Green, pro se., No Appearance for Appellee.
Dauksch, Harris, Peterson.
Published
PER CURIAM.

Jasper D. Grimes admitted guilt and was convicted of felony petit theft of the third degree, pursuant to subsection 812.014(3)(e), Florida Statutes (1997). He contends that his counsel was ineffective in allowing him to enter a plea of guilty because one of the prior convictions used to classify his petit theft conviction as a felony was not a petit theft.

Grimes is correct that one of his prior convictions was not for petit theft; rather, it was for robbery. He is incorrect that the robbery conviction cannot be used as a predicate for a felony petit theft conviction. A former subsection of 812.014, subsection 812.014(2)(d), Florida Statutes' (1991), limited predicate convictions to petit theft. See Jackson v. State, 515 So.2d 394 (Fla. 1st DCA 1987) approved, 526 So.2d 58 (Fla.1988); Coffie v. State, 562 So.2d 423 (Fla. 2d DCA 1990). The statute was revised m 1992 to provide:

A person who commits petit theft and who has previously been convicted two or more times of any theft commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.

§ 812.014(3)(c). (Emphasis added). Any theft can now qualify as a predicate conviction and, by statutory definition, robbery is clearly a theft. See §§ 812.13(1) & 812.014(1), Fla. Stat. (1997). Additionally, petit theft is a Category 1, lesser included offense of robbery. See § 924.34, Fla. Stat. (1997); Fla. Std. Jury Instr. (Crim.) 386; Berch v. State, 691 So.2d 1148, 1149 (Fla. 3d DCA 1997); Curry v. State, 510 So.2d 317 (Fla. 4th DCA 1987).

We find no merit in the additional point raised by Grimes and affirm the denial of his 3.850 motion.

AFFIRMED.

DAUKSCH, HARRIS and PETERSON, JJ., concur.