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HOLMES v. STATE

No. 1D04-5574.

923 So.2d 557 (2006)

Johnny HOLMES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

March 17, 2006.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; Alexander Dombrowsky, Special Assistant Public Defender, Tallahassee, for Appellant.

Charlie Crist, Attorney General; Sherri Tolar Rollison, Assistant Attorney General, Tallahassee, for Appellee.

BROWNING, J.

Appellant's convictions for both grand theft and grand theft of a motor vehicle violate double jeopardy principles because the items forming the basis for the grand theft charge were not stolen in a distinct criminal act, but simply happened to be inside the car when it was stolen. See Mixson v. State, 857 So.2d 362 (Fla. 1st DCA 2003). Accordingly, we affirm the conviction and sentence as to Count I, grand theft...

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