In Allwine v. State, 978 So. 2d 272 (Fla. 4th DCA 2008), the trial court adjudicated the defendant guilty of dealing in stolen property, a second-degree felony, and grand theft, a third-degree felony, in accordance with the jury verdict. Id. at 273. Both offenses "arose out of the same scheme or course of conduct." Id. The Fourth District remanded with directions that the trial court strike the grand theft conviction or the dealing in stolen property conviction and resentence the defendant accordingly. Id. at 275. The trial court on remand denied the defendant's request for a new trial and instead struck the dealing in stolen property conviction. Allwine v. State, 42 So. 3d 291, 292 (Fla. 4th DCA 2010). On appeal, the Fourth District affirmed, explaining that even though "a trial court commits fundamental error by failing to instruct a jury, pursuant to section 812.025 . . . and a defendant who is found guilty of both charges is entitled to a new trial," the defendant failed to assert his entitlement to a new trial in his first appeal. Id. at 293.