Jessica Patrice Anucinski v. State of Florida, 148 So. 3d 106

In December 2009 Anucinski pleaded guilty/no contest to grand theft (third-degree) and dealing in stolen property (second-degree) for stealing a ring and pawning it the same day.
At plea the prosecutor recited the facts; the court adjudicated guilt on both counts and imposed concurrent probationary jail terms and probation.
Section 812.025, Fla. Stat., allows charging both theft and dealing in stolen property for one scheme but provides the trier of fact may find guilt on one or the other, not both.
Anucinski appealed, arguing the dual adjudications violated §812.025; the Second DCA reversed and directed vacatur of the theft conviction.
The Supreme Court granted review to resolve whether the proper appellate remedy after an open plea is remand for the trial court to choose which conviction to vacate (Hall approach) or automatic vacatur of the lesser offense (State’s position).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Proper remedy when dual adjudication after open plea violates §812.025	Remand to trial court to exercise discretion and vacate either theft or dealing, based on whether defendant is a “common thief” or a “trafficker”	Vacate the lesser offense (automatic) to promote finality and efficiency	Follow Hall: remand for trial court discretion to vacate one count and resentence on the remaining count; no evidentiary hearing required if record suffices
Preservation: may claim §812.025 error on appeal despite no objection at trial	Error can be raised on appeal; not precluded by failure to object below	(Argued implicitly by dissent that unpreserved error should get same treatment as other unpreserved dual-conviction contexts)	Court held Anucinski may raise the claim; the dual adjudications violated §812.025 and relief is remand under Hall

Hall v. State, 826 So.2d 268 (Fla. 2002) (a trial court may not adjudicate guilt for both theft and dealing in stolen property on one scheme; remand for trial court to vacate one count)
Blackmon v. State, 121 So.3d 535 (Fla. 2013) (dual convictions violated §812.025; appellate court approved vacatur of lesser offense where error not preserved at trial)
Williams v. State, 121 So.3d 524 (Fla. 2013) (when both counts go to a jury, trial court must instruct under §812.025; failure may require new trial)
Pizzo v. State, 945 So.2d 1203 (Fla. 2006) (when dual convictions impermissible under other statutes, appellate remedy is to reverse the lesser conviction)
Pomaski v. State, 989 So.2d 721 (Fla. 4th DCA 2008) (approving remand for trial court to determine which adjudication to vacate after plea)
L.O.J. v. State, 974 So.2d 491 (Fla. 4th DCA 2008) (same)
Gordon v. State, 24 So.3d 727 (Fla. 4th DCA 2009) (same)