Two Offenses of Theft Considered Degree Variants of the Core Offense
In Sirmons v. State, 634 So. 2d 153, 154 (Fla. 1994), this Court had held that convictions of robbery with a weapon and grand theft of an automobile were impermissible under section 775.021(4)(b)(2) because the offenses were "merely degree variants of the core offense of theft."
The Court relied on previous decisions in which we had found double jeopardy violations for dual convictions of other crimes which were also aggravated forms of theft. See id. at 153-54 (citing to Johnson v. State, 597 So. 2d 798 (Fla. 1992), and State v. Thompson, 607 So. 2d 422 (Fla. 1992)).
Subsequently, in State v. Anderson, 695 So. 2d 309, 311 (Fla. 1997), the Court reaffirmed and extended Sirmons, holding that two offenses can be considered "degree variants" of the same core offense even when they are not degrees of the same offense within the same statutory chapter.
See also Hayes v. State, 803 So. 2d 695, 700 (Fla. 2001) (stating that multiple convictions premised upon a single taking of the victim's property would be invalid under Sirmons).