ROBERT MORGAN, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Robert Morgan, Jr. was convicted of two counts of armed robbery and one count of battery, and was sentenced accordingly. The armed robbery counts involve only one individual in one incident, although some money was taken that belonged to the individual and additional money was taken which was under the custody and control of that individual but which was owned by his employer. Under such circumstances there is only one robbery. Hearn v. State, 55 So. 2d 559 (Fla.1951).
We therefore affirm one of the convictions for armed robbery and the battery conviction. The second robbery conviction is stricken, the sentence is vacated and the cause is remanded for resentencing.
AFFIRMED IN PART; REVERSED IN PART; AND REMANDED FOR RESEN-TENCING.
LETTS, C. J., and HERSEY and HURLEY, JJ., concur.
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Butler v. State, 711 So. 2d 1183 (Fla. 1st DCA 1998)…uous episode. We agree that because there was a single victim, this case falls within the holdings of this and other courts that only one robbery occurs, notwithstanding the fact that the property taken belonged to different owners. Morgan v. State, 407 So. 2d 962 (Fla. 4th DCA 1982); Nordelo v. State, 603 So. 2d 36 (Fla. 3d DCA 1992); Horne v. State, 623 So. 2d 777 (Fla. 1st DCA 1993); cf., Brown v. State, 430 So. 2d 446 (Fla.1983). Further, as this court made clear in Austin v. State, 699 So. 2d 314 (Fla. 1…
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Demps v. State, 965 So. 2d 1242 (Fla. 4th DCA 2007)…dant was improperly convicted of two counts of armed robbery when he took property of convenience store and of store employee, where taking was “during one continuous episode”); Anderson v. State, 639 So. 2d 192 (Fla. 4th DCA 1994); Morgan v. State, 407 So. 2d 962 (Fla. 4th DCA 1981). The state’s response to our order to show cause does not clear up the record as to whether these two counts were barred by double jeopardy and whether this constituted ineffective assistance of counsel. Nothing in the informati…
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Brown v. State, 413 So. 2d 1273 (Fla. 1st DCA 1982)…ticking out of his waistband. She was “nervous and scared” when she saw it “because he may have used the gun on me.” She then opened her register and gave the cash in it to Brown. Relying on Hearn v. State, 55 So. 2d 559 (Fla.1951); Morgan v. State, 407 So. 2d 962 (Fla. 4th DCA 1982); Thomas v. State, 405 So. 2d 1015 (Fla. 1st DCA 1981); and Hill v. State, 293 So. 2d 79 (Fla. 3d DCA 1974), Brown argues that under the facts outlined above there was only a single criminal transaction or episode and he can there…
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- Hearn v. State, 55 So.2d 559 (Fla. 1951)