EARL CLEVELAND NEAL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Defendant's armed robbery conviction affirmed, but convictions for aggravated assault and possession of a weapon in commission of felony reversed as lesser-included offenses arising from the same conduct.
A defendant cannot be separately convicted of aggravated assault and possession of a weapon in commission of a felony when those offenses arise from the same conduct constituting armed robbery.
[1] A defendant cannot be separately convicted of aggravated assault with a deadly weapon and possession of a weapon in commission of a felony when those offenses arise from…
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Join FLexlaw to unlock all legal intelligenceDefendant took money from a grocery clerk by threatening him with a knife, resulting in convictions for armed robbery, possession of a weapon in commi…
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COWART, Judge.
The defendant took money from a grocery clerk by threatening him with a knife. Based on this one act, the defendant was convicted of armed robbery (§ 812.13(2)(a), Fla.Stat.), possession of a weapon in the commission of a felony (§ 790.07), and aggravated assault with a deadly weapon (§ 784.021). Defendant appeals.
The greater of the defendant’s three convictions, being the armed robbery, is affirmed. See State v. Barton, 523 So. 2d 152 (Fla.1988). The convictions for aggravated assault and possession of a weapon in the commission of a felony are reversed on authority of Richardson v. State, 523 So. 2d 746 (Fla. 5th DCA 1988) and Wright v. State, 519 So. 2d 1157 (Fla. 5th DCA 1988). See also Hall v. State, 517 So. 2d 678 (Fla.1988); Carawan v. State, 515 So. 2d 161 (Fla.1987); Brown v. State, 529 So. 2d 1247 (Fla. 4th DCA 1988) (robbery with a firearm and aggravated assault with a firearm); Cooper v. State, 524 So. 2d 738 (Fla. 1st DCA 1988) (robbery with a deadly weapon and display of a weapon during commission of a felony); Sapp v. State, 522 So. 2d 1006 (Fla. 4th DCA 1988) (robbery with a firearm and possession of a firearm while engaged in a criminal offense).
This case is remanded with directions that the defendant be resentenced based upon a scoresheet in which the points scored for aggravated assault and possession of a weapon in the commission of a felony have been eliminated.
AFFIRMED IN PART; REVERSED IN PART; REMANDED.
DAUKSCH and DANIEL, JJ., concur.
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Citator
Cited By (12 total)
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Sanders v. State, 621 So. 2d 723 (Fla. 5th DCA 1993)…rev. denied, 551 So. 2d 463 (Fla.1989); Rojas v. State, 543 So. 2d 415 (Fla. 5th DCA 1989); Edwards v. State, 529 So. 2d 1213 (Fla. 4th DCA), rev. denied, 539 So. 2d 476 (Fla.1988); Hogan v. State, 529 So. 2d 1127 (Fla. 1st DCA 1987); Neal v. State, 527 So. 2d 966 (Fla. 5th DCA 1988); Richardson v. State, 523 So. 2d 746 (Fla. 5th DCA 1988); Wright v. State, 519 So. 2d 1157 (Fla. 5th DCA 1988). . But see Wheeler v. State, 344 So. 2d 244 (Fla.1977); Martin v. State, 574 So. 2d 1118 (Fla. 3d DCA 1990); Gandy v.…
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Alphonse Kelly v. State, 552 So. 2d 206 (Fla. 5th DCA 1989)…and is reversed. See Willingham v. State, 535 So. 2d 718 (Fla. 5th DCA 1989); Crayton v. State, 536 So. 2d 399 (Fla. 5th DCA 1989). See also Hall v. State, 517 So. 2d 678 (Fla.1988); Curry v. State, 539 So. 2d 573 (Fla. 5th DCA 1989); Neal v. State, 527 So. 2d 966 (Fla. 5th DCA 1988); Cardwell v. State, 525 So. 2d 1025 (Fla. 5th DCA 1988); and Wright v. State, 519 So. 2d 1157 (Fla. 5th DCA 1988). SENTENCING Kelly also appeals the imposition of four consecutive minimum mandatory sentences6 for the three conv…
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Wood v. State, 582 So. 2d 751 (Fla. 5th DCA 1991)…la. 5th DCA 1990); Kelly v. State, 552 So. 2d 1140 (Fla. 5th DCA 1989); Curry v. State, 539 So. 2d 573 (Fla. 5th DCA 1989); Crayton v. State, 536 So. 2d 399 (Fla. 5th DCA 1989); Willingham v. State, 535 So. 2d 718 (Fla. 5th DCA 1989); Neal v. State, 527 So. 2d 966 (Fla. 5th DCA 1988); Cardwell v. State, 525 So. 2d 1025 (Fla. 5th DCA 1988); and Wright v. State, 519 So. 2d 1157 (Fla. 5th DCA 1988). . See, Jones v. State, 356 So. 2d 4 (Fla. 4th DCA 1977). . It should be noted that neither the case involving Pe…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dion Michael Carawan v. State, 515 So. 2d 161 (Fla. 1987)
- Hall v. State, 517 So. 2d 678 (Fla. 1988)
- State v. Barton, 523 So. 2d 152 (Fla. 1988)
- Wright v. State, 519 So. 2d 1157 (Fla. 5th DCA 1988)
- Richardson v. State, 523 So. 2d 746 (Fla. 5th DCA 1988)
- Brown v. State, 529 So. 2d 1247 (Fla. 4th DCA 1988)
- Sapp v. State, 522 So. 2d 1006 (Fla. 4th DCA 1988)
- Jeanette (Taylor) Phillips v. C.E. Taylor, 524 So. 2d 738 (Fla. 1st DCA 1988)