Florida District Courts of Appeal, 1995

Springer v. State

Springer v. State
Florida District Courts of Appeal · Decided May 31, 1995 · Jorgenson, Levy, Schwartz
736 So. 2d 1; 1995 Fla. App. LEXIS 5764; 1995 WL 322562 (Southern Reporter, Second Series)

Springer v. State

Opinion of the Court

CONFESSION OF ERROR

PER CURIAM.

We agree with the defendant’s contention, and the state’s appropriate concession, that Springer’s conviction as to the robbery with a firearm charge contained in count three may not be sustained because it is duplicitous of the charges and convictions in counts one and two. See Fraley v. State, 641 So.2d 128 (Fla. 3d DCA 1994); Nordelo v. State, 603 So.2d 36 (Fla. 3d DCA 1992). Compare Smart v. State, 652 So.2d 448 (Fla. 3d DCA 1995). Accordingly, the conviction as to count three is vacated and the cause remanded for resen-tencing as to counts one and two.

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