Florida District Courts of Appeal, 1981

Brown v. State

Brown v. State
Florida District Courts of Appeal · Decided June 3, 1981 · Bera, Letts, Moore, Nek
399 So. 2d 452; 1981 Fla. App. LEXIS 20058 (Southern Reporter, Second Series)

Brown v. State

Opinion of the Court

PER CURIAM.

The defendant herein was found guilty of first degree murder and robbery with a firearm. He was convicted of both crimes but sentenced on only the murder conviction. In accordance with Hillery v. State, 391 So.2d 776 (Fla. 4th DCA 1980), we hold that the conviction of robbery with a firearm was improper. Defendant’s conviction and sentence on first degree murder are thus affirmed and the conviction on robbery with a firearm is hereby vacated. See State v. Pinder, 375 So.2d 836 (Fla. 1979). We find all other points raised by defendant to be without merit.

AFFIRMED IN PART AND REVERSED IN PART.

LETTS, C. J., and MOORE and BERA-NEK, JJ., concur.

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