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SCHUMMER v. STATE

No. 94-635.

657 So.2d 3 (1995)

Kennis Lee SCHUMMER, Appellant/Cross-Appellee, v. STATE of Florida, Appellee/Cross-Appellant.

District Court of Appeal of Florida, First District.

Rehearing Denied April 28, 1995.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender and Glen P. Gifford, Asst. Public Defender, Tallahassee, for appellant/cross-appellee.

Robert A. Butterworth, Atty. Gen. and Sonya Roebuck Horbelt, Asst. Atty. Gen., Tallahassee, for appellee/cross-appellant.

PER CURIAM.

We have for review the appeal of Kennis Lee Schummer (Schummer), and the cross-appeal of the State. The jury found Schummer guilty of both dealing in stolen property and petit theft, despite that section 812.025, Florida Statutes (1991), permits a guilty verdict on one or the other, but not both. We affirm the conviction for dealing in stolen property, but vacate the conviction for petit theft, and remand for correction of sentence to reflect that the...

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