TONY CHRISTOPHER BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We grant appellant’s motion for rehearing and clarification and we withdraw our original opinion and substitute the following:
The defendant appeals his conviction of both robbery with a firearm and aggravated assault with a firearm. He contends that the trial court erred in convicting him and imposing sentences on both charges when they were predicated on a single act. We agree and reverse. Carawan v. State, 515 So. 2d 161 (Fla.1987); State v. Crumley, 512 So. 2d 183 (Fla.1987); Taylor v. State, 391 So. 2d 788 (Fla. 1st DCA 1980).
The defendant also contended that a conviction for a robbery defendant committed prior to the instant robbery should not have been factored in his guidelines score-sheet because the conviction for the prior robbery occurred after the commission of the instant offense. We hold that the trial court correctly scored this as a prior offense. Cousins v. State, 507 So. 2d 651 (Fla. 2d DCA 1987); Falzone v. State, 496 So. 2d 894 (Fla. 2d DCA 1986).
Reversed and remanded to vacate the conviction and sentence for aggravated assault, and resentence on the robbery conviction consistent with this opinion.
ANSTEAD and DELL, JJ., and WARNER, MARTHA C., Associate Judge, concur.
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Neal v. State, 527 So. 2d 966 (Fla. 5th DCA 1988)…eversed 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 1…
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Brown v. State, 538 So. 2d 116 (Fla. 5th DCA 1989)…528 So. 2d 129 (Fla. 3d DCA 1988); Evans v. State, 528 So. 2d 125 (Fla. 3d DCA 1988); Torres v. State, 527 So. 2d 272 (Fla. 3d DCA 1988), rev. denied, 536 So. 2d 246 (Fla.1988); Henderson v. State, 526 So. 2d 743 (Fla. 3d DCA 1988); Brown v. State, 529 So. 2d 1247 (Fla. 4th DCA 1988); Prescott v. State, 529 So. 2d 302 (Fla. 4th DCA 1988); Sapp v. State, 522 So. 2d 1006 (Fla. 4th DCA 1988). Contra, Teemer v. State, 531 So. 2d 748 (Fla. 5th DCA 1988); Clark v. State, 530 So. 2d 519 (Fla. 5th DCA 1988). See…
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Denmark v. State, 538 So. 2d 68 (Fla. 1st DCA 1989)…ing. Denmark’s convictions for both aggravated assault and attempted armed robbery, arising from the same criminal episode, are improper. Carawan v. State, 515 So. 2d 161 (Fla.1987); Heath v. State, 532 So. 2d 9 (Fla. 1st DCA 1988); Brown v. State, 529 So. 2d 1247 (Fla. 4th DCA 1988); Hogan v. State, 529 So. 2d 1127 (Fla. 1st DCA 1988); McKenney v. State, 529 So. 2d 367 (Fla. 1st DCA 1988); Neal v. State, 527 So. 2d 966 (Fla. 5th DCA 1988); Richardson v. State, 523 So. 2d 746 (Fla. 5th DCA 1988); Wright v. St…
Previewing 3 of 6 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)
- State v. Crumley, 512 So. 2d 183 (Fla. 1987)
- Falzone v. State, 496 So. 2d 894 (Fla. 2d DCA 1986)
- Cousins v. State, 507 So. 2d 651 (Fla. 2d DCA 1987)
- Taylor v. State, 391 So. 2d 788 (Fla. 1st DCA 1980)