4D06-3210-Migdal v. State*

State: Florida

Court: Florida Fourth District Court

Docket No: 4D06-3210

Case Date: 12/05/2007

Preview:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
July Term 2007

MATHEW J. MIGDAL, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D06-3210 [December 5, 2007] WARNER, J. In this belated appeal from his conviction and sentence, appellant claims that his sentence violates double jeopardy. The court sentenced the appellant to six concurrent five-year terms for four counts of grand theft and other charges, and one term of fifteen years for grand theft from a person sixty-five years of age or older. After sentencing, the court determined that the grand theft from a person over sixty-five years was a third-degree felony, and thus the fifteen-year sentence was illegal. As one of the grand theft charges for which a five-year sentence was imposed was actually a second-degree felony, the court "corrected" the sentence by imposing a fifteen-year sentence on that charge. In doing so, the court violated the double jeopardy provision of the constitution. We reverse. Migdal was charged by information with numerous counts in six separate cases and was further charged with violation of probation in another case. One of the charges in the information alleged in its title a charge of grand theft from a person sixty-five years of age or older in an amount in excess of $10,000, which is a second-degree felony. See

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