The Third Appellate District reversed a judgment of conviction. In the published portion of its opinion, the court held that where the defendant was charged with only one count of theft, but the evidence at trial, as well as the prosecutor’s argument, arguably supported guilty verdicts as to two separate crimes of theft, the trial court was required to give a unanimity instruction and erred prejudicially in failing to do so.
Khari Norman and a companion were seen pilfering several mailboxes at an apartment complex. The two men fled when they realized they had been seen, leaving behind several damaged mailboxes and junk mail on the ground. The two were arrested about an hour later. Two hundred sixty-three pieces of mail from 68 victims were recovered from the car they were driving. The mail included checks, credit card statements, tax documents, bank statements, utility bills, motor vehicle information, magazines, and “junk mail.”
