The Facts of the Case

It is alleged that the defendant, a juvenile, was charged with burglary of an unoccupied conveyance and grand theft of a vehicle. The charges against him stemmed from a single incident. An adjudicatory hearing was held, after which the court determined beyond a reasonable doubt that the defendant committed the charged offenses. The defendant appealed, arguing that because burglary was a lesser included offense of grand theft of a motor vehicle, his convictions violated double jeopardy.

Assessing Whether Multiple Convictions Violate Double Jeopardy

The court disagreed with the defendant’s arguments and affirmed his convictions. The court explained that the dispositive issue in determining whether multiple convictions arising from the same criminal transaction violate double jeopardy is whether the legislature intended to authorize separate penalties for the two crimes.

If there is no clear statement setting forth the intent of the legislature to permit separate punishments for two offenses, courts will employ the same elements test to determine whether multiple convictions are permissible.  In evaluating whether a single criminal episode constitutes more than one offense, the courts will look at whether each crime requires the prosecution to prove an element that the other does not.

In other words, crimes must have the same elements in order for a conviction for both crimes to constitute a double jeopardy violation. Thus, if each crime contains an element that the other does not, double jeopardy protections will not bar convictions for both crimes. In the subject case, the court ultimately determined that grand theft of a motor vehicle and burglary crimes each contained distinct elements. Thus, the defendant’s conviction for both offenses did not violate his double jeopardy rights. As such, the court affirmed his conviction.

Meet with a Capable Tampa Criminal Defense Attorney

People faced with theft charges often have numerous defenses available that could help them avoid a conviction and lengthy prison sentence. If you are charged with a theft crime, it is smart to meet with a capable attorney to discuss your options for seeking a good outcome. The capable Tampa lawyers of Hanlon Law can advise you of your rights and help you seek the best legal result available under the facts of your case. You can reach Hanlon Law via the form online or at 813-228-7095 to set up a meeting.

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The Facts of the Case

It is alleged that the defendant was charged with carjacking and aiding and abetting carjacking. He pleaded guilty to both charges and was convicted. After he was sentenced, he appealed, arguing, among other things, that his guilty plea was not entered knowingly and voluntarily. The appellate court rejected his arguments and affirmed his convictions.

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The Alleged Crimes

It is reported that on the night of the Super Bowl in 2017, the defendant, a friend, and the victim went to the victim’s house to search for ammunition and guns. They discussed seeking revenge on another person who burglarized the defendant’s. The following night, the victim was sitting outside when he heard gunshots. He then saw individuals get into the friend’s car. The car was later stopped by the police, and the defendant fell out of the backseat, reporting he had been shot.

Allegedly, the defendant’s blood and belongings were found inside of a car that had been stolen and abandoned on the highway. Surveillance video later revealed that three individuals were shot and killed in the victim’s backyard, including the person that the defendant sought revenge against, and the defendant’s car was parked nearby. The defendant was charged with and convicted of multiple homicide crimes and grand theft auto. During the trial, he moved for acquittal on the theft charge, but the court denied his motion. He appealed, arguing in part that the State did not prove he required the specific intent needed to commit theft.

Proving Theft Under Florida Law

On appeal, the appellate court explained that it generally will not reverse a conviction if it is supported by substantial and competent evidence. In moving for an acquittal, a defendant essentially admits the facts that are in evidence and every conclusion that is favorable to the State that can be inferred, reasonably and fairly, from the evidence.

Under Florida law, a person is guilty of theft if he or she knowingly obtains the property of another person with the intent to deprive the person of the right to use or benefit from the property or with the intent to appropriate the property for his or her own use, either permanently or temporarily. In the subject case, the court was not persuaded by the argument that the State failed to prove intent, noting that the evidence substantially indicated that the defendant took the car in question as a getaway car. Thus, the defendant’s conviction was affirmed.

Speak with an Experienced Criminal Defense Attorney in Tampa

People charged with criminal offenses are often able to argue that the State lacks the evidence needed to obtain a conviction. If you are faced with charges that you committed a theft crime, it is advisable to speak to a lawyer regarding your possible defenses. William Hanlon of Hanlon Law is an experienced criminal defense attorney with the skills and resources needed to help you pursue a favorable result. You can reach Mr. Hanlon through the form online or by calling 813-228-7095 to set up a consultation.

The post Court Discusses Proving Theft Under Florida Law appeared first on Tampa Criminal Lawyer Blog.

The Alleged Carjacking and Grand Theft Auto

Allegedly, in August of 2015, a man went up to a woman approaching her car and pointed a gun at her, telling her if she screamed, he would shoot her. The man took the woman’s phone and purse and then used her keys to steal her car. The woman reported the car as stolen, and the police spotted the car with a license plate reader. The police pursued the car with lights and sirens activated, but the vehicle did not stop until it crashed. The defendant exited the vehicle after the crash and fled on foot. After a pursuit he was detained and arrested.

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The following night, a Tampa police officer observed a silver Dodge Dart roll through a stop sign, make a quick lane change, and make several quick turns before running another couple of stop signs. The three people inside the car – two men and one woman – jumped out and started running away when the officer approached. The officer eventually apprehended the woman, identified in court documents as “VG.” She was arrested and charged with grand theft auto and burglary, among other charges.

VG appealed the conviction, arguing that prosecutors never proved that the car from which she fled was the same vehicle that was stolen from the man. She said she didn’t know who owned the car and simply fled because the man behind the wheel said “we gotta jump out.” VG’s lawyer also pointed out that the prosecutors did not match the car’s license plate or Vehicle Identification Number (VIN) with the rental car. The Second District agreed.

The post Prosecutors’ Burden of Proof in Florida Auto Theft Cases – VG v. State appeared first on Tampa Criminal Lawyer Blog.