GEORGE HOGAN III v. STATE OF FLORIDA (2017)

District Court of Appeal of Florida, Fifth District.

GEORGE HOGAN, III, Appellant, v. STATE OF FLORIDA, Appellee.

Case No. 5D16-1301

Decided: June 09, 2017

James S. Purdy, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Andrea K. Totten, Assistant Attorney General, Daytona Beach, for Appellee.

We affirm Appellant's convictions and sentences except as to Orange County Circuit Court Case No. 2015-CF-006417-0. As to that case, as the State properly concedes, Appellant cannot be convicted of fraudulent use of a credit card and petit theft. See Wolf v. State, 679 So. 2d 351 (Fla. 5th DCA 1996). On remand, the trial court shall vacate Appellant's petit theft conviction in Case No. 2015-CF-006417-0.

AFFIRMED in part, REVERSED in part, and REMANDED.

PER CURIAM.

COHEN, C.J., ORFINGER and EDWARDS, JJ., concur.

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