Florida Statute 812.025 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 812
THEFT, ROBBERY, AND RELATED CRIMES

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F.S. 812.025

812.025 Charging theft and dealing in stolen property.—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.

History.—s. 9, ch. 77-342.

F.S. 812.025 on Google Scholar

F.S. 812.025 on CourtListener

Amendments to 812.025

Annotations, Discussions, Cases:

Cases Citing Statute 812.025

Total Results: 137

Aversano v. State

966 So. 2d 493, 2007 WL 3010010

District Court of Appeal of Florida | Filed: Oct 17, 2007 | Docket: 1679286

Cited 22 times | Published

dealing in the same stolen property pursuant to section 812.025, Florida Statutes (2005). The trial court denied

Ridley v. State

407 So. 2d 1000

District Court of Appeal of Florida | Filed: Dec 23, 1981 | Docket: 467497

Cited 22 times | Published

trafficking in, the same stolen property. Section 812.025, Florida Statutes (1979), prohibits a guilty

Hall v. State

826 So. 2d 268, 2002 WL 2018812

Supreme Court of Florida | Filed: Sep 5, 2002 | Docket: 1197661

Cited 21 times | Published

his plea of nolo contendere in violation of section 812.025, Florida Statutes (1999).[3] The Fourth District

TSR v. State

596 So. 2d 766, 1992 WL 63450

District Court of Appeal of Florida | Filed: Apr 3, 1992 | Docket: 1707551

Cited 17 times | Published

therefore he cannot be convicted of both under section 812.025, Florida Statutes. Although there is no direct

Haugabrook v. State

827 So. 2d 1065, 2002 WL 31267818

District Court of Appeal of Florida | Filed: Oct 11, 2002 | Docket: 1360905

Cited 13 times | Published

the stolen property as electronic equipment. Section 812.025 provides that, although the State may charge

Toson v. State

864 So. 2d 552, 2004 WL 57292

District Court of Appeal of Florida | Filed: Jan 14, 2004 | Docket: 1727684

Cited 12 times | Published

the property stolen in the theft. Applying section 812.025, Florida Statutes (2001), we hold that there

Barfield v. State

871 So. 2d 929, 2004 WL 587652

District Court of Appeal of Florida | Filed: Mar 26, 2004 | Docket: 1709435

Cited 10 times | Published

1994). Barfield's argument is premised on section 812.025, Florida Statutes (2001), which provides: Notwithstanding

Kilmartin v. State

848 So. 2d 1222, 2003 WL 21522789

District Court of Appeal of Florida | Filed: Jul 8, 2003 | Docket: 1309408

Cited 10 times | Published

contending that the trial court violated section 812.025, Florida Statutes (2001), and thereby committed

Kilmartin v. State

848 So. 2d 1222, 2003 WL 21522789

District Court of Appeal of Florida | Filed: Jul 8, 2003 | Docket: 1309408

Cited 10 times | Published

contending that the trial court violated section 812.025, Florida Statutes (2001), and thereby committed

Jackson v. State

736 So. 2d 77, 1999 WL 371321

District Court of Appeal of Florida | Filed: Jun 9, 1999 | Docket: 1736640

Cited 10 times | Published

that it had expanded the definition of theft. Section 812.025, Florida Statutes (1997), provides that convictions

Burrell v. State

601 So. 2d 628, 1992 WL 143651

District Court of Appeal of Florida | Filed: Jun 26, 1992 | Docket: 1305332

Cited 10 times | Published

*630 Mr. Burrell correctly contends that section 812.025, Florida Statutes (1989), precludes convictions

Hall v. State

767 So. 2d 560, 2000 WL 1224884

District Court of Appeal of Florida | Filed: Aug 30, 2000 | Docket: 1193755

Cited 9 times | Published

theft and dealing in the same stolen property. Section 812.025, Florida Statutes, provides as follows: Charging

Hudson v. State

408 So. 2d 224

District Court of Appeal of Florida | Filed: May 13, 1981 | Docket: 1732576

Cited 9 times | Published

jointly owns with his partner; and (3) that Section 812.025, Florida Statutes (1979), bars a conviction

Goddard v. State

458 So. 2d 230

Supreme Court of Florida | Filed: Sep 6, 1984 | Docket: 1452364

Cited 8 times | Published

812.019, "Dealing in stolen property;" and section 812.025, "Charging theft and dealing in stolen property

Kiss v. State

42 So. 3d 810, 2010 Fla. App. LEXIS 9863, 2010 WL 2675303

District Court of Appeal of Florida | Filed: Jul 7, 2010 | Docket: 57223

Cited 7 times | Published

scheme or course of conduct and, pursuant to section 812.025, Florida Statutes (2007), the state chose to

Beaton v. State

709 So. 2d 172, 1998 WL 145085

District Court of Appeal of Florida | Filed: Apr 1, 1998 | Docket: 1682107

Cited 7 times | Published

both charges violates double jeopardy under section 812.025, Florida Statutes (1995). We reject Beaton's

Blair v. State

667 So. 2d 834, 1996 WL 6544

District Court of Appeal of Florida | Filed: Jan 10, 1996 | Docket: 1511528

Cited 7 times | Published

information and involve the same property, section 812.025, Florida Statutes (1993), has been interpreted

Victory v. State

422 So. 2d 67

District Court of Appeal of Florida | Filed: Nov 17, 1982 | Docket: 2519769

Cited 7 times | Published

dismiss. We affirm in part and reverse in part. Section 812.025, Florida Statutes (1981), forbids convictions

Kelly v. State

397 So. 2d 709

District Court of Appeal of Florida | Filed: Mar 11, 1981 | Docket: 1357568

Cited 7 times | Published

the charge of dealing in stolen property. See § 812.025, Fla. Stat. (1979). We agree. The fact that one

Corvo v. State

916 So. 2d 44, 2005 WL 3301359

District Court of Appeal of Florida | Filed: Dec 7, 2005 | Docket: 1659400

Cited 6 times | Published

connection with one scheme or course of conduct...." § 812.025, Fla. Stat. (2005). A double jeopardy violation

Wilson v. State

884 So. 2d 74, 2004 WL 784520

District Court of Appeal of Florida | Filed: Apr 14, 2004 | Docket: 1683122

Cited 6 times | Published

same property, contrary to the provisions of section 812.025, Florida Statutes (2002), which provide that

Wolcott v. State

774 So. 2d 954, 2001 WL 27559

District Court of Appeal of Florida | Filed: Jan 12, 2001 | Docket: 1698125

Cited 6 times | Published

because, as the state properly recognizes, section 812.025 Florida Statutes (1997) precludes a conviction

Jones v. State

453 So. 2d 1192

District Court of Appeal of Florida | Filed: Aug 14, 1984 | Docket: 1651511

Cited 6 times | Published

dealing in stolen property. Appellant urges that section 812.025, Florida Statutes (1981)[2] precludes convictions

Lennear v. State

424 So. 2d 151

District Court of Appeal of Florida | Filed: Dec 29, 1982 | Docket: 2568029

Cited 6 times | Published

degree) and dealing in stolen property, because section 812.025,[1] Florida Statutes *152 (1981), prohibits

Blackmon v. State

121 So. 3d 535, 38 Fla. L. Weekly Supp. 611, 2013 WL 4555655, 2013 Fla. LEXIS 1863

Supreme Court of Florida | Filed: Aug 29, 2013 | Docket: 60234445

Cited 5 times | Published

§ 3(b)(4), Fla. Const. This case involves section 812.025, Florida Statutes (2009), which precludes the

Barber v. State

918 So. 2d 1013, 2006 WL 197150

District Court of Appeal of Florida | Filed: Jan 27, 2006 | Docket: 1715209

Cited 5 times | Published

01-08189, the trial court was prohibited by section 812.025, Florida Statutes (2001),[1] from adjudicating

Duncan v. State

503 So. 2d 443, 12 Fla. L. Weekly 706

District Court of Appeal of Florida | Filed: Mar 4, 1987 | Docket: 909864

Cited 5 times | Published

his conviction and sentence for petit theft. Section 812.025, Florida Statutes (1985), provides that: Notwithstanding

Rife v. State

446 So. 2d 1157

District Court of Appeal of Florida | Filed: Mar 14, 1984 | Docket: 572592

Cited 5 times | Published

sentence as violative of section 812.025, Florida Statutes (1981). Section 812.025 prohibits a defendant

Williams v. State

121 So. 3d 524, 38 Fla. L. Weekly Supp. 605, 2013 WL 4555586, 2013 Fla. LEXIS 1864

Supreme Court of Florida | Filed: Aug 29, 2013 | Docket: 60234444

Cited 4 times | Published

TRIAL COURT INSTRUCT THE JURY PURSUANT TO SECTION 812.025, FLORIDA STATUTES (2008), WHEN BOTH THEFT *526AND

Williams v. State

66 So. 3d 360, 2011 Fla. App. LEXIS 11409, 2011 WL 2936748

District Court of Appeal of Florida | Filed: Jul 22, 2011 | Docket: 2564581

Cited 4 times | Published

but not on both offenses, as explained in section 812.025, Florida Statutes (2008). There is conflicting

Blackmon v. State

58 So. 3d 343, 2011 Fla. App. LEXIS 4366, 2011 WL 1167202

District Court of Appeal of Florida | Filed: Mar 31, 2011 | Docket: 60299324

Cited 4 times | Published

and dealing in stolen property pursuant to section 812.025, Florida Statutes (2009), and Blackmon did

Wiley v. State

830 So. 2d 889, 2002 WL 31421675

District Court of Appeal of Florida | Filed: Oct 30, 2002 | Docket: 471412

Cited 4 times | Published

from the same scheme or course of conduct. See § 812.025, Fla. Stat. (2001). He was sentenced to two concurrent

Barnlund v. State

724 So. 2d 632, 1998 WL 906544

District Court of Appeal of Florida | Filed: Dec 31, 1998 | Docket: 1410544

Cited 4 times | Published

of cases from this court,[2] establish that section 812.025 prohibits convictions and sentences for dealing

Gray v. State

611 So. 2d 100, 1992 WL 387432

District Court of Appeal of Florida | Filed: Dec 31, 1992 | Docket: 1680572

Cited 4 times | Published

sentencing him for both crimes, contrary to Section 812.025, Florida Statutes, and by including a juvenile

Shearer v. State

582 So. 2d 28, 1991 WL 93531

District Court of Appeal of Florida | Filed: Jun 6, 1991 | Docket: 307409

Cited 4 times | Published

v. State, 407 So.2d 1000 (Fla. 5th DCA 1981); § 812.025, Fla. Stat. (1989). We affirm the order imposing

WJ v. State

485 So. 2d 22, 11 Fla. L. Weekly 655

District Court of Appeal of Florida | Filed: Mar 13, 1986 | Docket: 2588067

Cited 4 times | Published

Appellant raises two points on appeal. First, that section 812.025, Florida Statutes (1983), prevents the imposition

Rhames v. State

473 So. 2d 724, 10 Fla. L. Weekly 1939

District Court of Appeal of Florida | Filed: May 24, 1985 | Docket: 1510492

Cited 4 times | Published

instructing the jury that it was precluded by Section 812.025, Florida Statutes (1983)[1] from convicting

Brown v. State

464 So. 2d 193, 10 Fla. L. Weekly 400

District Court of Appeal of Florida | Filed: Feb 12, 1985 | Docket: 1661232

Cited 4 times | Published

trafficking of the same stolen property, violated section 812.025, Florida Statutes (1983); and (4) Whether the

United States v. Clifford B. Gandy, Jr.

917 F.3d 1333

Court of Appeals for the Eleventh Circuit | Filed: Mar 6, 2019 | Docket: 14627611

Cited 3 times | Published

scheme or course of conduct, since Fla. Stat. § 812.025"expressly prohibits a trial court from adjudicating

Pomaski v. State

989 So. 2d 721, 2008 WL 3914879

District Court of Appeal of Florida | Filed: Aug 27, 2008 | Docket: 1665761

Cited 3 times | Published

scheme or course of conduct. § 812.025, Fla. Stat. (2006). Section 812.025 prohibits a trial court from

Hale v. State

838 So. 2d 1185, 2003 WL 159480

District Court of Appeal of Florida | Filed: Jan 24, 2003 | Docket: 461479

Cited 3 times | Published

same property. This issue is controlled by section 812.025, Florida Statutes (1999), which states: Notwithstanding

Shepherd v. State

659 So. 2d 399, 1995 WL 421288

District Court of Appeal of Florida | Filed: Jul 19, 1995 | Docket: 662925

Cited 3 times | Published

the second issue, the appellant is correct. See § 812.025, Fla. Stat. (1993), and Burrell v. State, 601

Schummer v. State

657 So. 2d 3, 1995 WL 111764

District Court of Appeal of Florida | Filed: Mar 17, 1995 | Docket: 2529632

Cited 3 times | Published

stolen property and petit theft, despite that section 812.025, Florida Statutes (1991), permits a guilty

Stallworth v. State

538 So. 2d 1296, 1989 WL 10925

District Court of Appeal of Florida | Filed: Feb 10, 1989 | Docket: 1517155

Cited 3 times | Published

could not be legally convicted of both crimes. Section 812.025, Florida Statutes (1985), provides: *1299

Griffin v. State

519 So. 2d 677, 1988 WL 10423

District Court of Appeal of Florida | Filed: Jan 22, 1988 | Docket: 1332299

Cited 3 times | Published

convicted of only one of the two charges. See § 812.025, Fla. Stat. (1985); Repetti v. State, 456 So.2d

Repetti v. State

456 So. 2d 1299

District Court of Appeal of Florida | Filed: Oct 5, 1984 | Docket: 1595823

Cited 3 times | Published

with dealing in the stolen jewelry. Although section 812.025, Florida Statutes (1981), permits a single

Daniels v. State

422 So. 2d 1024

District Court of Appeal of Florida | Filed: Nov 30, 1982 | Docket: 1739989

Cited 3 times | Published

dealing in stolen property. They contend that § 812.025, Fla. Stat. precludes them from being charged

Melendez v. State

135 So. 3d 456, 2014 WL 1094614, 2014 Fla. App. LEXIS 4170

District Court of Appeal of Florida | Filed: Mar 21, 2014 | Docket: 60239646

Cited 2 times | Published

stolen property violates double jeopardy. Section 812.025, Florida Statutes (2012), provides as follows:

Anderson v. State

2 So. 3d 303, 2008 Fla. App. LEXIS 6864, 2008 WL 2038139

District Court of Appeal of Florida | Filed: May 14, 2008 | Docket: 1137201

Cited 2 times | Published

based on the same items being pawned, violates section 812.025, Florida Statutes (2005), which provides: Notwithstanding

Allwine v. State

978 So. 2d 272, 2008 WL 1733280

District Court of Appeal of Florida | Filed: Apr 16, 2008 | Docket: 1508726

Cited 2 times | Published

note, however, that neither brief cites Hall. Section 812.025, Florida Statutes (1999), provides that where

Alexander v. State

470 So. 2d 856, 10 Fla. L. Weekly 1450

District Court of Appeal of Florida | Filed: Jun 13, 1985 | Docket: 1262107

Cited 2 times | Published

refusing to instruct the jury pursuant to Section 812.025, Florida Statutes, and moved for a new trial

Thomas v. State

236 So. 3d 1159

District Court of Appeal of Florida | Filed: Jan 26, 2018 | Docket: 64672598

Cited 1 times | Published

State properly concedes error. Pursuant to section 812.025, Florida Statutes, a court is precluded from

Jackson v. State

197 So. 3d 649, 2016 Fla. App. LEXIS 12703, 2016 WL 4431586

District Court of Appeal of Florida | Filed: Aug 22, 2016 | Docket: 60256326

Cited 1 times | Published

000) violate principles of double jeopardy. See § 812.025, Fla. Stat. (2014); Blackmon v. State, 121 So

Kablitz v. State

138 So. 3d 602, 2014 WL 2197739, 2014 Fla. App. LEXIS 8070

District Court of Appeal of Florida | Filed: May 28, 2014 | Docket: 60240750

Cited 1 times | Published

in failing to instruct the jury pursuant to section 812.025 was “not fundamental error such that we would

In re Standard Jury Instructions in Criminal Cases—Instruction 14.2

121 So. 3d 520, 2013 WL 4555389, 2013 Fla. LEXIS 1859

Supreme Court of Florida | Filed: Aug 29, 2013 | Docket: 60234443

Cited 1 times | Published

accordance with section 812.025, Florida Statutes (2008). Id. at 12-13. Section 812.025, “Charging theft

Crosby v. State

125 So. 3d 822, 2013 WL 1164905, 2013 Fla. App. LEXIS 4756

District Court of Appeal of Florida | Filed: Mar 22, 2013 | Docket: 60236083

Cited 1 times | Published

failing to properly instruct the jury under section 812.025, Florida Statutes (2009). We write to explain

Culpepper v. State

107 So. 3d 521, 2013 Fla. App. LEXIS 2779, 2013 WL 614548

District Court of Appeal of Florida | Filed: Feb 20, 2013 | Docket: 60228704

Cited 1 times | Published

stolen property and grand theft pursu*522ant to section 812.025, Florida Statutes (2011), we affirm and certify

Drawdy v. State

98 So. 3d 165, 2012 WL 3822100, 2012 Fla. App. LEXIS 14870

District Court of Appeal of Florida | Filed: Sep 5, 2012 | Docket: 60312196

Cited 1 times | Published

of theft and dealing in stolen property. See § 812.025, Fla. Stat. (2010). This statute has allowed the

Kablitz v. State

134 So. 3d 969, 2011 Fla. App. LEXIS 16978, 2011 WL 5061342

District Court of Appeal of Florida | Filed: Oct 26, 2011 | Docket: 60239365

Cited 1 times | Published

dealing in stolen property were prohibited by section 812.025, Florida Statutes. Id. at 155-56. Kablitz was

Poole v. State

67 So. 3d 431, 2011 Fla. App. LEXIS 12850, 2011 WL 3524298

District Court of Appeal of Florida | Filed: Aug 12, 2011 | Docket: 2576549

Cited 1 times | Published

theft and dealing in stolen property under section 812.025, Florida Statutes (2009), and Poole did not

Allwine v. State

42 So. 3d 291, 2010 Fla. App. LEXIS 11296, 2010 WL 3023038

District Court of Appeal of Florida | Filed: Aug 4, 2010 | Docket: 2353872

Cited 1 times | Published

dealing in stolen property and grand theft. See § 812.025, Fla. Stat. (2007) ("[T]he trier of fact may return

LESANE v. State

33 So. 3d 822, 2010 Fla. App. LEXIS 5595, 2010 WL 1687656

District Court of Appeal of Florida | Filed: Apr 28, 2010 | Docket: 2584310

Cited 1 times | Published

conviction and sentence for grand theft. See § 812.025, Fla. Stat.; Hall v. State, 826 So.2d 268 (Fla

Gordon v. State

24 So. 3d 727, 2009 Fla. App. LEXIS 20022, 2009 WL 4927872

District Court of Appeal of Florida | Filed: Dec 23, 2009 | Docket: 1333186

Cited 1 times | Published

one of the charges and resentence Gordon. Section 812.025, Florida Statutes (2006), provides: Notwithstanding

KABLITZ v. State

13 So. 3d 155, 2009 Fla. App. LEXIS 7287, 2009 WL 1606414

District Court of Appeal of Florida | Filed: Jun 10, 2009 | Docket: 1189029

Cited 1 times | Published

dealing in stolen property were prohibited by § 812.025). Petition granted. FARMER, STEVENSON and LEVINE

LOJ v. State

974 So. 2d 491, 2008 WL 239059

District Court of Appeal of Florida | Filed: Jan 30, 2008 | Docket: 1717743

Cited 1 times | Published

180, 76 L.Ed. 306 (1932)). Nevertheless, section 812.025, Florida Statutes (2006) prohibits convictions

AMW v. State

934 So. 2d 564, 2006 WL 1787790

District Court of Appeal of Florida | Filed: Jun 30, 2006 | Docket: 1747529

Cited 1 times | Published

State, 596 So.2d 766, 767-68 (Fla. 5th DCA 1992); § 812.025, Fla. Stat. (2003). This remains the case even

Bishop v. State

718 So. 2d 890, 1998 WL 598226

District Court of Appeal of Florida | Filed: Sep 11, 1998 | Docket: 1194049

Cited 1 times | Published

and sentence for grand theft. Pursuant to section 812.025, Florida Statutes (1995), we strike the judgment

State v. Dasher

687 So. 2d 916, 1997 WL 34654

District Court of Appeal of Florida | Filed: Jan 31, 1997 | Docket: 1718450

Cited 1 times | Published

trafficking in stolen property pursuant to section 812.025, Fla.Stat. (1995). That section provides: Notwithstanding

Almulla v. State

677 So. 2d 987, 1996 WL 447483

District Court of Appeal of Florida | Filed: Aug 9, 1996 | Docket: 2161645

Cited 1 times | Published

State, 636 So.2d 605 (Fla. 5th DCA 1994) (citing, § 812.025, Fla. Stat.; T.S.R. v. State, 596 So.2d 766 (Fla

Coley v. State

391 So. 2d 725

District Court of Appeal of Florida | Filed: Dec 19, 1980 | Docket: 1653797

Cited 1 times | Published

could be returned on both charges, citing Section 812.025, Florida Statutes (1977), which permits trial

Glen Alan Bradshaw v. State of Florida

263 So. 3d 1139

District Court of Appeal of Florida | Filed: Feb 18, 2019 | Docket: 14556844

Published

He asserts that the trial court violated section 812.025, Florida Statutes, when it adjudicated him

Vinson T. Blocker v. State

247 So. 3d 649

District Court of Appeal of Florida | Filed: May 14, 2018 | Docket: 6911553

Published

So. 2d 268, 271 (Fla. 2002) (finding that section 812.025, Florida Statutes, prohibits a trial court

Bennett v. State

229 So. 3d 1289

District Court of Appeal of Florida | Filed: Nov 30, 2017 | Docket: 60280736

Published

concedes, that Appellant’s convictions violate section 812.025, Florida Statutes (2015), which prohibits dual

Femi Adoye v. State of Florida

District Court of Appeal of Florida | Filed: Aug 27, 2017 | Docket: 6144153

Published

committed during a single, ongoing scheme. See § 812.025, Fla. Stat. (2015). The State concedes this error

Adoye v. State

224 So. 3d 887, 2017 WL 3584060, 2017 Fla. App. LEXIS 11946

District Court of Appeal of Florida | Filed: Aug 21, 2017 | Docket: 60271756

Published

committed during a single, ongoing scheme. See § 812.025, Fla. Stat. (2015). The State concedes this error

Roundtree v. State

219 So. 3d 896, 2017 WL 2664694, 2017 Fla. App. LEXIS 8974

District Court of Appeal of Florida | Filed: Jun 21, 2017 | Docket: 60266970

Published

property, he cannot be convicted of both crimes. § 812.025, Fla. Stat. (2012); Goddard v. State, 458 So.2d

Sykes v. State

201 So. 3d 201, 2016 Fla. App. LEXIS 14457

District Court of Appeal of Florida | Filed: Sep 28, 2016 | Docket: 4426649

Published

arise from the same scheme or' course of conduct. § 812.025, Fla. Stat. (2013). The evidence adduced at trial

Jackson v. State

197 So. 3d 653, 2016 Fla. App. LEXIS 12700, 2016 WL 4440005

District Court of Appeal of Florida | Filed: Aug 22, 2016 | Docket: 60256332

Published

000) violate principles of double jeopardy. See § 812.025, Fla. Stat. (2014); Blackmon v. State, 121 So

Albert A. Dobrowolski v. State

192 So. 3d 708, 2016 WL 3127667, 2016 Fla. App. LEXIS 8463, 41 Fla. L. Weekly Fed. D 1328

District Court of Appeal of Florida | Filed: Jun 3, 2016 | Docket: 3077169

Published

theft and dealing in stolen property violate section 812.025, Florida Statutes (2014), which provides:

Anthony Smith v. State

190 So. 3d 257, 2016 WL 2609639, 2016 Fla. App. LEXIS 7048

District Court of Appeal of Florida | Filed: May 6, 2016 | Docket: 3063758

Published

contending that the dual convictions violate section 812.025, Florida Statutes (2015), as they arose from

Harrison v. State

198 So. 3d 765, 2016 Fla. App. LEXIS 2945, 2016 WL 747022

District Court of Appeal of Florida | Filed: Feb 26, 2016 | Docket: 3039681

Published

So.2d 1379, 1380 (Fla.1991) (holding that section 812.025, Florida Statutes (1983), does not prohibit

Haywood v. State

148 So. 3d 525, 2014 Fla. App. LEXIS 15806, 2014 WL 5039709

District Court of Appeal of Florida | Filed: Oct 10, 2014 | Docket: 60243544

Published

following special jury instruction based on section 812.025, Florida Statutes (2009): Defendant is charged

Jessica Patrice Anucinski v. State of Florida

148 So. 3d 106, 39 Fla. L. Weekly Supp. 583, 2014 Fla. LEXIS 2857, 39 Fla. L. Weekly Fed. S 583

Supreme Court of Florida | Filed: Sep 24, 2014 | Docket: 1333206

Published

art. V, § 3(b)(3), Fla. Const. Pursuant to section 812.025, Florida Statutes (2009), a defendant may properly

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—INSTRUCTION 14.2

140 So. 3d 992, 2014 WL 2516096

Supreme Court of Florida | Filed: Jun 5, 2014 | Docket: 57963

Published

jury must be instructed in accordance with section 812.025, Florida Statutes (2008). Id. at

Terrick M. Crosby v. State of Florida

137 So. 3d 377, 39 Fla. L. Weekly Supp. 249, 2004 WL 6392118, 2014 Fla. LEXIS 1334

Supreme Court of Florida | Filed: Apr 17, 2014 | Docket: 57172

Published

in stolen property and grand theft violated section 812.025, Florida Statutes (2008); that the trial court

Tonshad Levon Culpepper v. State of Florida

137 So. 3d 378, 39 Fla. L. Weekly Supp. 248, 2014 WL 1491495, 2014 Fla. LEXIS 1318

Supreme Court of Florida | Filed: Apr 17, 2014 | Docket: 57224

Published

in stolen property and grand theft violated section 812.025, Florida Statutes (2008); that the trial court

Washington v. State

130 So. 3d 735, 2014 WL 228642, 2014 Fla. App. LEXIS 584

District Court of Appeal of Florida | Filed: Jan 22, 2014 | Docket: 60237864

Published

from the same scheme or course of conduct. See § 812.025, Fla. Stat. (2011). This is so even when a defendant

Allwine v. State

124 So. 3d 1036, 2013 Fla. App. LEXIS 17586, 2013 WL 5925385

District Court of Appeal of Florida | Filed: Nov 6, 2013 | Docket: 60235286

Published

to instruct petitioner’s jury, pursuant to section 812.025, Florida Statutes (2004).1 We held this case

McComas v. State

123 So. 3d 141, 2013 WL 5575235, 2013 Fla. App. LEXIS 16190

District Court of Appeal of Florida | Filed: Oct 11, 2013 | Docket: 60234987

Published

scheme or course of conduct. In such instances, section 812.025, Florida Statutes (2011), prohibits convictions

Ochoa v. State

120 So. 3d 70, 2013 WL 4006964

District Court of Appeal of Florida | Filed: Aug 7, 2013 | Docket: 60234234

Published

connection with one scheme or course of conduct. See § 812.025, Fla. Stat. (2010) (providing that a defendant

Brown v. State

112 So. 3d 585, 2013 WL 1629164, 2013 Fla. App. LEXIS 6065

District Court of Appeal of Florida | Filed: Apr 17, 2013 | Docket: 60231171

Published

fundamental error in failing to instruct the jury on section 812.025, Florida Statutes (2009), because the theft

Stone v. State

110 So. 3d 97, 2013 WL 950741, 2013 Fla. App. LEXIS 4056

District Court of Appeal of Florida | Filed: Mar 13, 2013 | Docket: 60230544

Published

trial court’s failure to instruct the jury on section 812.025, Florida Statutes (2011), does not constitute

Friel v. State

110 So. 3d 40, 2013 WL 811481, 2013 Fla. App. LEXIS 3624

District Court of Appeal of Florida | Filed: Mar 6, 2013 | Docket: 60230295

Published

dealing in stolen property in this ease. See § 812.025, Fla. Stat. (2010) (stating that only one of these

Millan v. State

113 So. 3d 961, 2013 WL 692538, 2013 Fla. App. LEXIS 3175

District Court of Appeal of Florida | Filed: Feb 27, 2013 | Docket: 60231670

Published

failing to instruct the jury that pursuant to section 812.025, Florida Statutes (2011), he could not be convicted

Valdes v. State

93 So. 3d 1163, 2012 WL 3101560, 2012 Fla. App. LEXIS 12380

District Court of Appeal of Florida | Filed: Aug 1, 2012 | Docket: 60310469

Published

connection with one scheme or course of conduct....’ § 812.025, Fla. Stat. (2005).” Id. at 46; see also Hall

Anucinski v. State

90 So. 3d 879, 2012 Fla. App. LEXIS 9213, 2012 WL 2052774

District Court of Appeal of Florida | Filed: Jun 8, 2012 | Docket: 60309674

Published

theft and dealing in stolen property because section 812.025, Florida Statutes (2009), bars dual convictions

Wilkins v. State

78 So. 3d 18, 2011 Fla. App. LEXIS 17457, 2011 WL 5253029

District Court of Appeal of Florida | Filed: Nov 4, 2011 | Docket: 2358902

Published

by failing to instruct the jury that under section 812.025, Florida Statutes (2006), it could not return

Haywood v. State

73 So. 3d 824, 2011 Fla. App. LEXIS 16751, 2011 WL 5108478

District Court of Appeal of Florida | Filed: Oct 21, 2011 | Docket: 2573911

Published

LAWSON and COHEN, JJ., concur. NOTES [1] Section 812.025, Florida Statutes (2010), precludes such a

Roman v. State

73 So. 3d 796, 2011 Fla. App. LEXIS 15370, 2011 WL 4467193

District Court of Appeal of Florida | Filed: Sep 28, 2011 | Docket: 2359871

Published

scheme or course of conduct were prohibited by section 812.025, Florida Statutes (2010). See Hall v. State

M.M. v. State

36 So. 3d 797, 2010 Fla. App. LEXIS 7025, 2010 WL 2015243

District Court of Appeal of Florida | Filed: May 21, 2010 | Docket: 60294479

Published

dealing in stolen property in the instant case. Section 812.025, Florida Statutes (2009), provides: Notwithstanding

Johnson v. State

14 So. 3d 261, 2009 Fla. App. LEXIS 10362, 2009 WL 2243856

District Court of Appeal of Florida | Filed: Jul 29, 2009 | Docket: 1408735

Published

grand theft and dealing in stolen property. Section 812.025, Florida Statutes (2006), prohibits convictions

L.O.J. v. State

974 So. 2d 491, 2008 Fla. App. LEXIS 944

District Court of Appeal of Florida | Filed: Jan 30, 2008 | Docket: 64853893

Published

180, 76 L.Ed. 306 (1932)). Nevertheless, section 812.025, Florida Statutes (2006) prohibits convictions

A.M.W. v. State

934 So. 2d 564, 2006 Fla. App. LEXIS 10774

District Court of Appeal of Florida | Filed: Jun 30, 2006 | Docket: 64845852

Published

State, 596 So.2d 766, 767-68 (Fla. 5th DCA 1992); § 812.025, Fla. Stat. (2003). This remains the case even

Jackson v. State

867 So. 2d 1274, 2004 Fla. App. LEXIS 3763, 2004 WL 574319

District Court of Appeal of Florida | Filed: Mar 24, 2004 | Docket: 64828896

Published

denied. See Fla. R.Crim. P. 3.800(b)(1)(B). Section 812.025, Florida Statutes (2002), expressly prohibits

Rosado v. State

867 So. 2d 440, 2004 Fla. App. LEXIS 924, 2004 WL 231153

District Court of Appeal of Florida | Filed: Feb 4, 2004 | Docket: 64828609

Published

jeopardy, Hall is based upon a construction of section 812.025, Florida Statutes (1999), which precludes conviction

Simon v. State

840 So. 2d 1173, 2003 Fla. App. LEXIS 4482, 2003 WL 1785869

District Court of Appeal of Florida | Filed: Apr 4, 2003 | Docket: 64821625

Published

the dual sentences cannot stand pursuant to section 812.025, Florida Statutes (2001). The statute provides:

Dunkle v. State

841 So. 2d 584, 2003 Fla. App. LEXIS 4142, 2003 WL 1568882

District Court of Appeal of Florida | Filed: Mar 28, 2003 | Docket: 64821757

Published

2002), the Florida Supreme Court held that section 812.025, Florida Statutes (2000), prohibits a trial

Day v. State

793 So. 2d 68, 2001 Fla. App. LEXIS 10188, 2001 WL 821799

District Court of Appeal of Florida | Filed: Jul 20, 2001 | Docket: 64807941

Published

conviction of grand theft was contrary to section 812.025, Florida Statutes (1999), which prohibits an

Smith v. State

789 So. 2d 521, 2001 Fla. App. LEXIS 9733, 2001 WL 799609

District Court of Appeal of Florida | Filed: Jul 17, 2001 | Docket: 64806730

Published

stolen property in connection with one scheme. Section 812.025, Florida Statutes (1999), prohibits an individual

Cooper v. State

794 So. 2d 615, 2001 Fla. App. LEXIS 1776, 2001 WL 166890

District Court of Appeal of Florida | Filed: Feb 21, 2001 | Docket: 64808423

Published

based upon the one course of conduct alleged. See § 812.025, Fla. Stat. (1999). ALTENBERND, A.C.J., and CASANUEVA

Dubuisson v. State

762 So. 2d 1059, 2000 Fla. App. LEXIS 9710, 2000 WL 1055785

District Court of Appeal of Florida | Filed: Aug 2, 2000 | Docket: 64798856

Published

vacate the inadvertently entered judgment. See § 812.025, Fla. Stat. (1999). Affirmed in part; reversed

Newland v. State

739 So. 2d 168, 1999 Fla. App. LEXIS 11136, 1999 WL 628839

District Court of Appeal of Florida | Filed: Aug 20, 1999 | Docket: 64790164

Published

other grounds, 698 So.2d 1210 (Fla.1997). Section 812.025, Florida Statutes (1997), entitled “Charging

Scorpio v. State

717 So. 2d 1122, 1998 Fla. App. LEXIS 12424

District Court of Appeal of Florida | Filed: Oct 2, 1998 | Docket: 64782917

Published

degree felony of dealing in stolen property. Section 812.025, Florida Statutes (1995) prohibits convictions

Dixson v. State

714 So. 2d 1205, 1998 Fla. App. LEXIS 9856, 1998 WL 454070

District Court of Appeal of Florida | Filed: Aug 7, 1998 | Docket: 64781991

Published

grand theft and dealing in stolen property. Section 812.025, Florida Statutes (1995), prohibits a defendant

Dixson v. State

714 So. 2d 1207, 1998 Fla. App. LEXIS 9857, 1998 WL 454071

District Court of Appeal of Florida | Filed: Aug 7, 1998 | Docket: 64781992

Published

grand theft and dealing in stolen property. Section 812.025, Florida Statutes (1995), prohibits a defendant

Arroyo v. State

704 So. 2d 655, 1997 Fla. App. LEXIS 13385, 1997 WL 740740

District Court of Appeal of Florida | Filed: Dec 3, 1997 | Docket: 64778355

Published

single scheme or course of conduct contrary to section 812.025. Appellant’s third point was that his dual

L.E.S. v. State

693 So. 2d 141, 1997 Fla. App. LEXIS 5400, 1997 WL 255307

District Court of Appeal of Florida | Filed: May 16, 1997 | Docket: 64773359

Published

violation of sections 812.014(1) and (2)(c). Section 812.025, Florida Statutes (1995) prohibits convictions

Parnell v. State

661 So. 2d 128, 1995 Fla. App. LEXIS 10587, 1995 WL 592471

District Court of Appeal of Florida | Filed: Oct 10, 1995 | Docket: 64759186

Published

under the circumstances of this case, under section 812.025, Florida Statutes, he cannot be convicted of

Hernandez v. State

636 So. 2d 605, 1994 Fla. App. LEXIS 5115, 1994 WL 220783

District Court of Appeal of Florida | Filed: May 27, 1994 | Docket: 64748262

Published

one scheme or course of conduct was improper. § 812.025, Fla.Stat. T.S.R. v. State, 596 So.2d 766 (Fla

State v. Grimes

634 So. 2d 821, 1994 Fla. App. LEXIS 3503, 1994 WL 135204

District Court of Appeal of Florida | Filed: Apr 15, 1994 | Docket: 64747430

Published

PER CURIAM. AFFIRMED. See section 812.025, Florida Statutes (1989). DAUKSCH, GRIFFIN and THOMPSON, JJ

Burrell v. State

626 So. 2d 1065, 1993 Fla. App. LEXIS 11434, 1993 WL 461966

District Court of Appeal of Florida | Filed: Nov 10, 1993 | Docket: 64744071

Published

v. State, 446 So.2d 1157 (Fla. 2d DCA 1984); § 812.025, Fla. Stat. (1991). After remand the trial court

Torres v. State

619 So. 2d 502, 1993 Fla. App. LEXIS 6431, 1993 WL 199349

District Court of Appeal of Florida | Filed: Jun 15, 1993 | Docket: 64696639

Published

equal protection principles because under Section 812.025, Florida Statutes, defendants who elect to

Barfield v. State

613 So. 2d 507, 1993 Fla. App. LEXIS 159, 1993 WL 5062

District Court of Appeal of Florida | Filed: Jan 14, 1993 | Docket: 64693964

Published

appellant guilty on both counts but, pursuant to section 812.025, Florida Statutes, the trial judge vacated

T.S.R. v. State

596 So. 2d 766, 1992 Fla. App. LEXIS 3856

District Court of Appeal of Florida | Filed: Apr 3, 1992 | Docket: 64666542

Published

therefore he cannot be convicted of both under section 812.025, Florida Statutes. Although there is no direct

Williams v. State

584 So. 2d 1133, 1991 Fla. App. LEXIS 8377, 1991 WL 164567

District Court of Appeal of Florida | Filed: Aug 29, 1991 | Docket: 64661127

Published

adjudicate him guilty of petit theft. We agree. Section 812.025, Florida Statutes (1989), reads as follows:

State v. Zanger

572 So. 2d 1379, 1991 Fla. LEXIS 11, 1991 WL 1361

Supreme Court of Florida | Filed: Jan 3, 1991 | Docket: 64655857

Published

The issue presented by this case is whether section 812.025, Florida Statutes (1983), prohibits dual convictions

Zanger v. State

561 So. 2d 1185, 14 Fla. L. Weekly 2590, 1989 Fla. App. LEXIS 6235, 1989 WL 133264

District Court of Appeal of Florida | Filed: Nov 7, 1989 | Docket: 64650795

Published

Consequently, under this court’s holding in Jones and section 812.025, Florida Statutes (1987),1 the defendant’s

Robinson v. State

549 So. 2d 1181, 14 Fla. L. Weekly 2386, 1989 Fla. App. LEXIS 5763, 1989 WL 120476

District Court of Appeal of Florida | Filed: Oct 11, 1989 | Docket: 64645412

Published

property and grand theft violate the mandates of section 812.025, Florida Statutes. According to that section

Caggiano v. State

505 So. 2d 482, 12 Fla. L. Weekly 772, 1987 Fla. App. LEXIS 7213

District Court of Appeal of Florida | Filed: Mar 13, 1987 | Docket: 64626398

Published

arising out of one course of conduct, *484as in section 812.025, which provides that in cases of theft and

W.J. v. State

485 So. 2d 22, 11 Fla. L. Weekly 655, 1986 Fla. App. LEXIS 6801

District Court of Appeal of Florida | Filed: Mar 13, 1986 | Docket: 64618060

Published

Appellant raises two points on appeal. First, that section 812.025, Florida Statutes (1983), prevents the imposition

Thompson v. State

480 So. 2d 179, 11 Fla. L. Weekly 24, 1985 Fla. App. LEXIS 17290

District Court of Appeal of Florida | Filed: Dec 17, 1985 | Docket: 64616252

Published

theft arising out of the same episode. Ridley; § 812.025, Fla.Stat. (1983). The conviction for dealing

Cleaves v. State

450 So. 2d 511, 1984 Fla. App. LEXIS 12084

District Court of Appeal of Florida | Filed: Mar 9, 1984 | Docket: 64604973

Published

ground. Appellant’s second point argues that section 812.025, Florida Statutes (1981), prevents the state

State v. Bostic

446 So. 2d 264, 1984 Fla. App. LEXIS 12087

District Court of Appeal of Florida | Filed: Mar 9, 1984 | Docket: 64603294

Published

v. State, 408 So.2d 224 (Fla. 4th DCA 1981); § 812.025, Fla. Stat. (1981). We conclude that the present

McWhirter v. State

429 So. 2d 810, 1983 Fla. App. LEXIS 19079

District Court of Appeal of Florida | Filed: Apr 13, 1983 | Docket: 64596381

Published

v. State, 397 So.2d 709 (Fla. 5th DCA 1981); § 812.025, Fla.Stat. (1981). Given our reversal of the grand

Ebnetter v. State

419 So. 2d 1173, 1982 Fla. App. LEXIS 21267

District Court of Appeal of Florida | Filed: Oct 1, 1982 | Docket: 64592256

Published

vehicle with an altered manufacturer’s number. Section 812.025, Florida Statutes (1981), prohibits adjudicating

G. M. v. State

410 So. 2d 659, 1982 Fla. App. LEXIS 19421

District Court of Appeal of Florida | Filed: Mar 9, 1982 | Docket: 64588302

Published

PER CURIAM. Section 812.025, Florida Statutes (1979) permits a finding of guilt of either theft or dealing

Williams v. State

404 So. 2d 1165, 1981 Fla. App. LEXIS 21403

District Court of Appeal of Florida | Filed: Oct 21, 1981 | Docket: 64585589

Published

State, 397 So.2d 709 (Fla. 5th DCA 1981); section 812.025, Florida Statutes (1979). We affirm the convictions