Florida District Courts of Appeal, 1976

Phipps v. State

Phipps v. State
Florida District Courts of Appeal · Decided November 19, 1976 · Boardman, Grimes, McNulty
339 So. 2d 693; 1976 Fla. App. LEXIS 15658 (Southern Reporter, Second Series)

Phipps v. State

Opinion of the Court

PER CURIAM.

Appellant was adjudicated guilty of robbery, conspiracy, and possession of a firearm in the commission of a felony. He received sentences of twenty-five years on the robbery, five years on the conspiracy, and five years on the possession of a firearm in the commission of a felony count.

On authority of Cone v. State, 285 So.2d 12 (Fla. 1973), we reverse the imposition of a sentence on the firearm count and remand with directions that the sentence below be amended by eliminating therefrom that part imposing a sentence of five years on this count. In all other respects the judgments and sentences are affirmed.

McNULTY, C. J., and BOARDMAN and GRIMES, JJ., concur.

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