Springer v. State

Florida District Courts of Appeal
Springer v. State, 736 So. 2d 1 (1995)
1995 Fla. App. LEXIS 5764; 1995 WL 322562
Jorgenson, Levy, Schwartz

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.

Reference

Full Case Name
Joseph SPRINGER v. The STATE of Florida
Cited By
1 case
Status
Published