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HINESTROZA v. STATE

No. 5D02-3582.

867 So.2d 1279 (2004)

Fernando HINESTROZA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 26, 2004.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.

THOMPSON, J.

Fernando Hinestroza appeals several convictions after pleas of guilty followed by a violation of probation/community control. On appeal, he contends that the convictions on several of the counts were fundamental error.

We agree with Hinestroza that he was improperly convicted of theft and dealing in stolen property in case number 00-32195. A person may not be convicted of both theft and dealing in stolen property where the charges arose out of...

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