Jessica Patrice Anucinski, Petitioner v. State of Florida, Respondent

Summary

The court held that section 812.025 prohibits adjudicating a defendant guilty of both theft and dealing in stolen property arising from one scheme or course of conduct, including after an open guilty or no-contest plea. The proper remedy is to remand for the trial court to exercise discretion in determining which adjudication to vacate and to resentence on the remaining count, rather than automatically vacating the lesser offense. Justice Canady, dissenting, would have affirmed the direction to vacate the lesser conviction.