State v. Crocker, 87-1210
| Decision Date | 18 December 1987 |
| Docket Number | No. 87-1210,87-1210 |
| Citation | 519 So.2d 32,12 Fla. L. Weekly 2919 |
| Parties | 12 Fla. L. Weekly 2919 STATE of Florida, Appellant, v. Michael CROCKER, Appellee. |
| Court | Florida District Court of Appeals |
Robert A. Butterworth, Atty. Gen., Tallahassee, and Candance M. Sunderland, Asst. Atty. Gen., Tampa, for appellant.
James Marion Moorman, Public Defender, and Robert Mack, Asst. Public Defender, Bartow, for appellee.
The appellee, Michael Crocker, was found guilty of petit theft and resisting an officer without force. The state has appealed the judgment and sentence entered on the petit theft conviction. We find that the trial court erred in denying the state's motion to find Crocker, who allegedly had two prior theft convictions, guilty of a felony of the third degree pursuant to section 812.014(2)(c), Florida Statutes (1985), and to sentence him accordingly. We, therefore, reverse.
Crocker was charged by information with resisting an officer without violence in violation of section 843.02, Florida Statutes (1985), and with grand theft in violation of section 812.014, Florida Statutes (1985). The jury found Crocker guilty of resisting an officer without violence and petit theft. Prior to sentencing, the state moved to have Crocker sentenced for felony petit theft pursuant to section 812.014(2)(c) and sought to produce evidence that Crocker had previously been adjudicated guilty of both grand and petit theft. The trial court denied the state's motion, adjudicated Crocker guilty in accordance with the jury verdicts, and imposed a nine month sentence on the resisting an officer without violence conviction and a consecutive sixty day sentence on the petit theft conviction. This timely appeal of the judgment and sentence entered on the petit theft conviction followed.
Crocker contends that felony petit theft is a distinct substantive offense and that prior theft convictions must be specifically alleged on the charging document and proved. We agree that felony petit theft is a substantive offense. See State v. Harris, 356 So.2d 315 (Fla.1978). We also agree that when felony petit theft is the only felony with which an accused is charged, the charging document must make clear that felony petit theft is being charged in order to invoke the jurisdiction of the circuit court. State v. Phillips, 463 So.2d 1136 (Fla.1985). We do not agree, however, that prior thefts must be alleged in the charging document and proved in all instances before an accused may be found guilty of felony petit theft. Rather, we agree with our sister court's statement in Peek v. Wainwright, 393 So.2d 1175 (Fla. 3d DCA 1981), that if such a procedure were required, the state would have to charge the crime of felony petit theft, in the alternative, in every case that a jury could find the defendant guilty of petit theft as a lesser included offense of the crime actually charged.
Section 812.014(2)(c) provides in part that "[u]pon a third or subsequent conviction for petit theft, the offender shall be guilty of a felony of the third degree...." Although felony petit theft is a substantive...
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Flarity v. State
...the charging document does not allege the prior convictions. Following Peek, the Second District Court of Appeal in State v. Crocker, 519 So.2d 32 (Fla. 2d DCA 1987) also held that prior petit theft convictions do not have to be alleged in the charging document and proved "in all instances"......
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Clay v. State, 91-1071
...the requisite notice of prior DUI convictions must be given in the charging document.... Id. at 1265. The state cites State v. Crocker, 519 So.2d 32 (Fla. 2d DCA 1987) in support of its argument that because it charged appellant with grand theft and the jury convicted her of a lesser includ......
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Young v. State
...respondent. HARDING, Justice. We have for review Young v. State, 630 So.2d 1113 (Fla. 2d DCA 1993), which relied upon State v. Crocker, 519 So.2d 32 (Fla. 2d DCA 1987), and noted conflict with Clay v. State, 595 So.2d 1052 (Fla. 4th DCA 1992). We have jurisdiction pursuant to article V, sec......
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Sullivan v. State, 89-02605
...a firearm, and on appeal, the court ruled that enhancement to a first-degree felony for use of a firearm was proper. State v. Crocker, 519 So.2d 32, 33 (Fla. 2d DCA 1987), deals with felony petit theft under Section 812.014(2)(c) and allows the State to prove to the court "the historical fa......