Haywood v. State, 73 So. 3d 824 (Fla. 5th DCA 2011). · Go Syfert
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Haywood v. State, 73 So. 3d 824 (Fla. 5th DCA 2011). Cases Citing This Book View Copy Cite
3 citation events across 2 distinct courts.
Strongest positive: McComas v. State (fladistctapp, 2013-10-11)
Top citers, strongest first. 2 distinct citers.
cited Cited as authority (rule) McComas v. State
Fla. Dist. Ct. App. · 2013 · confidence medium
In Haywood v. State, 73 So.3d 824, 825 (Fla. 5th DCA 2011), this court held that the less serious conviction for grand theft must be reversed.
discussed Cited "see, e.g." Blackmon v. State
Fla. · 2013 · signal: see also · confidence low
Id. at 1002 (footnote omitted) (citations omitted); see also Haywood v. State, 73 So.3d 824 (Fla. 5th DCA 2011) (affirming the trial court’s adjudication of guilt as to dealing in stolen property and not the lesser offense of grand theft as it was properly based on Ridley, and certifying conflict with Kiss).
Derrick James HAYWOOD, Appellant,
v.
STATE of Florida, Appellee
5D09-4217.
District Court of Appeal of Florida, Fifth District.
Oct 21, 2011.
73 So. 3d 824
James S. Purdy, Public Defender, and Dee Ball, Assistant Public Defender, Day-tona Beach, for Appellant., Pamela Jo Bondi, Attorney General, Tallahassee, and Lori N. Hagan, Assistant Attorney General, Daytona Beach, for Ap-pellee.
Sawaya, Lawson, Cohen.
Cited by 3 opinions  |  Published
[*825] PER CURIAM.

A jury found Defendant guilty as charged of both grand theft and dealing in stolen property, which property was the subject of the grand theft. The trial court, correctly recognizing that a defendant cannot be convicted and sentenced for both offenses, [1] did not adjudicate Defendant guilty of the lesser offense (grand theft) or sentence Defendant for that offense. The trial court’s procedure was proper pursuant to this court’s holding in Ridley v. State, 407 So.2d 1000 (Fla. 5th DCA 1981), that the remedy in this situation is to reverse the less serious conviction. Accordingly, we affirm the conviction for dealing in stolen property. We certify conflict with Kiss v. State, 42 So.3d 810 (Fla. 4th DCA 2010) (certifying conflict with Ridley).

AFFIRMED; CONFLICT CERTIFIED.

SAWAYA, LAWSON and COHEN, JJ., concur.
1

. Section 812.025, Florida Statutes (2010), precludes such a result: "Notwithstanding any other provision of law, a single indictment or information may, under proper circumstances, charge theft and dealing in stolen property in connection with one scheme or course of conduct in separate counts that may be consolidated for trial, but the trier of fact may return a guilty verdict on one or the other, but not both, of the counts.”