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State v. Ralph11/15/1999
ing an owner of the entire car. We believe the legislature is free to make the latter a separate criminal act if it so chooses.
Stephens, 601 So.2d at 1197.
We agree with the rationale of the Florida Supreme Court and therefore hold that separate convictions for burglary and theft of the same automobile do not violate due process principles. The State correctly points out that the analysis adopted in Anthony has not been applied by this Court outside the kidnapping context, and we decline to extend its application in this case to separate convictions of burglary and theft.
CONCLUSION
For the reasons stated herein, the judgment of the Court of Criminal Appeals vacating the defendant's conviction for burglary of an automobile is reversed and the judgment of the trial court approving the verdict of the jury is reinstated.
FRANK F. DROWOTA, III, JUSTICE
Concur:
Anderson, C.J.
Birch, Holder, Barker, JJ.
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