Mr. Kelso was convicted of grand theft of a firearm and theft of property, crimes which
were committed during a home burglary. He argues that Florida statute does not allow
conviction and sentence of both crimes stemming from a single criminal transaction. The
4th District Court of Appeal agreed with the state that Florida's theft statute does allow
for separate convictions because one of the items stolen was a firearm. Mr. Kelso argues
that the key consideration is the fact that the theft of a firearm and the theft of property
are different degrees of the same crime of theft as defined by statute. When all the
property is taken at the same time from the same victim at the same place, he argues,
Florida's double jeopardy statute does not allow separate convictions and sentences for
different degrees of the same core offense, in this case, theft. The 4th DCA agreed with
the state that double jeopardy had not been violated but also certified conflict with rulings
in similar cases from other District Courts of Appeal.