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Grand Theft Conviction Reversed

Oct 24, 2013 | Sentencing |

In McComas v. State, the defendant was convicted of armed burglary of a dwelling, dealing in stolen property, grand theft (of several items), possession of a firearm by a convicted felon, and grand theft of a firearm. 38 Fla. L. Weekly D2134b (Fla. 5th DCA 2013).

For the armed burglary of a dwelling conviction, he was sentenced to 20 years in prison with a ten-year minimum mandatory sentence as a habitual felony offender. McComas was given concurrent prison sentences of less duration for all of the other convictions. The dealing in stolen property conviction involved the sale of the firearm that was the subject of one of the grand theft charges, and both crimes were part of one scheme or course of conduct.

The Fifth District Court of Appeal found that Florida Statute Section 812.025 prohibited convictions for both grand theft and dealing in stolen property. The Fifth District found that it was error to convict McComas of both offenses. The Court reversed McComas’ conviction and sentence (five years in prison) for grand theft involving the theft of the firearm and remanded this case to the trial court to correct the judgment.

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