No. 98-00317 | Fla. Dist. Ct. App. | Jun 23, 1999
Cindy Schlangen appeals from her judgment and sentence for aggravated assault on an officer, battery on an officer, obstructing an officer with violence, and grand theft of a motor vehicle. We vacate her conviction and sentence for grand theft and affirm the remaining convictions.
At trial, the State proved that Mrs. Schlangen was a passenger in a truck which she probably knew was stolen. As the State concedes, this evidence was insufficient to support the grand theft conviction. “A person who is a passenger in a vehicle after the vehicle has been stolen, even if he knows the vehicle is stolen, cannot be convicted of grand theft.” Clayton v. State, 642 So. 2d 53" court="Fla. Dist. Ct. App." date_filed="1994-08-24" href="https://app.midpage.ai/document/clayton-v-state-7682441?utm_source=webapp" opinion_id="7682441">642 So.2d 53 (Fla. 2d DCA 1994). Therefore, we vacate the conviction and sentence for grand theft of a motor vehicle and remand for resentencing on the remaining convictions, if appropriate.
. Our record does not contain Mrs. Schlan-gen's sentencing guidelines scoresheet. Thus, we do not know whether vacating the grand theft conviction will affect the length of her sentence on the other convictions.