Senelus v. State (994 So. 2d 493, 2008)

WELLS, Judge.

Steve Senelus appeals from dual convictions for grand theft of a truck and trailer and robbery for taking the contents of a briefcase that was inside the truck. We agree that these dual convictions constitute a double jeopardy violation. See Sirmons v. State, 634 So.2d 153, 154 (Fla.1994) (finding that convictions for grand theft and robbery which arose from a single taking of an automobile at knifepoint violate double jeopardy because “these offenses are merely degree variants of the core offense of theft”); Beaudry v. State, 809 So.2d 83, 84 (Fla. 5th DCA 2002) (relying upon Sirmons, holding that convictions for grand theft of a car and grand theft of computer equipment that was inside it constituted a double jeopardy violation); see also Gorday v. State, 907 So.2d 640, 645 (Fla. 3d DCA 2005) (finding convictions for robbery of a purse and theft of a credit card inside the purse to be a double jeopardy violation); Ford v. State, 849 So.2d 477, 478 (Fla. 4th DCA 2003) (holding that dual convictions for grand theft of a vehicle and grand theft of the construction equipment inside the vehicle constituted a double jeopardy violation).

We therefore vacate the grand theft conviction and, finding no merit in the remainder of Senelus’ arguments, affirm the robbery conviction and remand for resen-tencing. See Olivard v. State, 831 So.2d 823, 824 (Fla. 4th DCA 2002) (stating the proper remedy for a double jeopardy violation is to vacate the conviction for the lesser offense and affirm the conviction for the greater offense).

Affirmed in part, reversed in part, and remanded for resentencing.