ERNEST ROBBINS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the trial court had jurisdiction to impose the 15-year sentence for violation of probation.
Appellant pled guilty to robbery and unlawful display of a firearm, receiving a prison sentence and probation. After completing prison, he violated pr…
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PER CURIAM.
Appellant, Ernest Robbins, was informed against and pled guilty to robbery and unlawful display of a firearm. He was sentenced to five years imprisonment on the robbery count and at the termination thereof to three years probation on the charge of unlawful display of a firearm. After completion of his prison sentence and while serving his probationary term for unlawful display of a firearm, he was charged with a violation of probation. Following a hearing, defendant’s probation was revoked and he was sentenced to 15 years for unlawful display of a firearm.
Robbins appeals and argues that the court lacked jurisdiction to impose this 15-year sentence because the original order placing him on probation was a nullity in that the charges of robbery and the unlawful possession of a firearm while engaged in a criminal offense were facets of the same transaction and, therefore, the only sentence which could have been imposed was for the highest offense, i. e. robbery.
This argument has already been considered and disposed of adversely to the defendant. See Johnson v. State, 338 So. 2d 556 (Fla.3d DCA 1976).
Affirmed.
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Robbins v. State, 413 So. 2d 840 (Fla. 3d DCA 1982)…supra; Ware v. State, 231 So. 2d 872 (Fla. 3d DCA 1970). Accordingly, the order appealed is reversed and the cause remanded to the trial court with directions to discharge the appellant. Reversed and remanded with directions. . Robbins v. State, 364 So. 2d 871 (Fla. 3d DCA 1978). . Robbins v. State, 381 So. 2d 1370 (Fla.1980). . Note that although multiple sentences for lesser included offenses are precluded, multiple convictions for lesser included offenses are not barred by either the state or federal…
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Robbins v. State, 381 So. 2d 1370 (Fla. 1980)…PER CURIAM. This cause is before the Court on petition for certiorari to review the decision of the lower tribunal, Robbins v. State, 364 So. 2d 871 (Fla. 3d DCA 1978), which conflicts with this Court’s decision in Johnson v. State, 366 So. 2d 418 (Fla.1978). We have jurisdiction. Art. V, § 3(b)(3), Fla.Const. We grant certiorari and remand to the district court for reconsideration in light of…
Authorities Cited
- Johnson v. State, 338 So. 2d 556 (Fla. 3d DCA 1976)