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

Summary

The court held that adjudicating a defendant guilty of both theft and dealing in stolen property arising from one scheme or course of conduct violates section 812.025, even when the convictions follow an open guilty or no-contest plea. It rejected automatic vacation of the lesser offense and required the trial court to exercise discretion in vacating either count and resentencing on the remaining count. Justice Canady, dissenting, would have approved automatic vacation of the lesser offense because the unpreserved plea-based error was no different from the error addressed after a jury trial.