Mr. Blackmon was convicted of petit theft and dealing in stolen property of the same property and sentenced to five years in prison. On appeal, he argued he should be given a new trial because he could not be convicted of both charges. The state argued the error could be fixed by dropping the conviction for the lesser offense. The First District Court of Appeal ordered that Mr. Blackmon's petit theft conviction be dropped. The 1st DCA also certified conflict with a decision from another District Court of Appeal.

Escambia County