CLYDE JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
We affirm on the authority of Carawan v. State, 515 So. 2d 161 (Fla.1987).
GLICKSTEIN and GUNTHER, JJ., concur. ANSTEAD, J., concurs specially with opinion.
ANSTEAD, Judge,
concurring specially.
I write separately only to acknowledge that we are approving separate convictions for both aggravated battery and armed robbery growing out of a single incident. This holding may appear to conflict with the decision in Wright v. State, 519 So. 2d 1157 (Fla. 5th DCA 1988), that convictions for both aggravated assault and robbery with a firearm cannot stand under Cara-wan. In my view the aggravated battery statute and the armed robbery statute are intended to address two (2) separate evils: one, the infliction of physical violence on a person, and the other, the forcible taking of personal property from the person. Hence, in my view the legislature intended that separate convictions be allowed if physical violence is committed during the course of an armed robbery.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Nixon v. State, 536 So. 2d 391 (Fla. 4th DCA 1989)…curring specially. I agree with the analysis and result, and write only to inform readers that before issuing the opinion we confirmed from the records and files in this court that the facts in this case were dissimilar to those in Jones v. State, 528 So. 2d 490 (Fla. 4th DCA 1988), and Kotcherha v. State, 534 So. 2d 745 (Fla. 4th DCA 1988), wherein the charges arose from a related series of acts, rather than a discrete event arising from a single criminal intent.…
Authorities Cited
- Dion Michael Carawan v. State, 515 So. 2d 161 (Fla. 1987)
- Wright v. State, 519 So. 2d 1157 (Fla. 5th DCA 1988)