In Jacksonville, Florida, can the State of Florida charge an individual with both Dealing in Stolen Property and Grand Theft of the same property, and if so, can the jury return a guilty verdict on both counts?
In Kiss v. Florida, the Fourth District Court of Appeals address this question. Leslie Kiss was charged with three counts of dealing in stolen property and one count of grand theft of the same property in connection with one scheme or course of conduct. The Florida court ruled that the State of Florida is free to charge a Defendant with both offenses, but the trier of fact must choose to convict one charge or the other, but not both. The court ruled in this manner due to the language of Florida Statute Section 812.025 which states:
“a single indictment or information may, under proper circumstances, charge theft and dealing in stolen property in connection with one scheme or course of conduct in separate counts that may be consolidated for trial, but the trier of fact may return a guilty verdict on one or the other, but not both, of the counts.”