MIXSON v. STATE

No. 1D02-2408.

857 So.2d 362 (2003)

Michael Steven MIXSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

October 24, 2003.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Glenna Joyce Reeves, Assistant Public Defender, Tallahassee, for Appellant.

Charlie Crist, Attorney General, and Philip W. Edwards, Assistant Attorney General, Tallahassee, for Appellee.


KAHN, J.

The question in this case is whether appellant Michael Mixson may be convicted and sentenced for two counts of grand theft arising out of the same factual circumstances. Because the facts of this case do not establish a separation of time, place, or circumstances between the two charged offenses nor separate criminal intent, we reverse in part and remand for correction of the sentence.

Before the events in questions, Mixson lived for a time with Johnnie...

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