Williams v. State

Full title: DAVID L. WILLIAMS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Oct 21, 1981

404 So. 2d 1165 (Fla. Dist. Ct. App. 1981)

Opinion

Nos. 81-208, 81-209.

October 21, 1981.

Appeal from the Circuit Court, Hillsborough County, Thomas A. Miller, Sr., J.

Jerry Hill, Public Defender, Bartow, and Robert F. Moeller, Asst. Public Defender, Tampa, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.

RYDER, Judge.

Williams appeals his convictions for burglary, grand theft and dealing in stolen property. We reverse the conviction for grand theft since it was based on the same course of conduct that provided the foundation for the dealing in stolen property conviction. See Kelly v. State, 397 So.2d 709 (Fla. 5th DCA 1981); section 812.025, Florida Statutes (1979). We affirm the convictions for burglary and dealing in stolen property but vacate the sentences and remand for a hearing to determine if appellant had a prior felony conviction. If not, the court must order a presentence investigation prior to resentencing. See Lopes v. State, 309 So.2d 591 (Fla.2d DCA 1975); Fla.R.Crim.P. 3.710.

SCHEB, C.J., and GRIMES, J., concur.