Supreme Court of Florida

Melvin D. Williams v. State of Florida

August 29, 201338 Fla. L. Weekly Supp. 605

Summary

The Court held that when theft and dealing in stolen property arising from one scheme or course of conduct are submitted to the jury, the trial court must instruct the jury that it may convict on only one of the offenses. Because Williams requested the instruction, the trial court denied it, and the jury returned both verdicts, the instructional error was not harmless and Williams was entitled to a new trial on both counts. Justice Canady, dissenting, would have approved the district court's result because the lesser conviction was dismissed and the remaining conviction was not prejudiced.