ANTHONY R. CROOMS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Sanders v. State, 621 So. 2d 723 (Fla. 5th DCA 1993)
  …for herein and has been held to apply retroactively. . See Carawan v. State, 515 So. 2d 161 (Fla.1987); Royal v. State, 490 So. 2d 44 (Fla.1986); Vance v. State, 545 So. 2d 398 (Fla. 1st DCA), 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 74…
• Cave v. State, 578 So. 2d 766 (Fla. 1st DCA 1991)
  …te, 560 So. 2d 311 (Fla. 1st DCA 1990). The conclusion we reach conflicts with Rowe v. State, 574 So. 2d 1107 (Fla. 2d DCA 1990). Rowe relies in part on Sheppard v. State, 549 So. 2d 796 (Fla. 5th DCA 1989). Sheppard, in turn, cites Rojas v. State, 543 So. 2d 415 (Fla. 5th DCA 1989). Rojas involved convictions for robbery and aggravated assault. The Rojas decision, which finds that aggravated assault is “entirely subsumed by the robbery charge so the conviction and sentence for aggravated assault must be rev…
• Sheppard v. State, 549 So. 2d 796 (Fla. 5th DCA 1989)
  …The force used to accomplish the taking of the purse, thereby escalating such taking to the level of robbery, was the same force supporting the battery conviction. For such reason the judgment and sentence for battery is vacated. See Rojas v. State, 543 So. 2d 415 (Fla. 5th DCA 1989). The vacating of the battery judgment and sentence does not affect the recommended sentencing range and there is therefore no necessity to remand for resentencing. AFFIRMED in part; VACATED in part. COBB and COWART, JJ., concur…

Authorities Cited

• Gipson v. State, 537 So. 2d 1080 (Fla. 1st DCA 1989)
• Walker v. State, 514 So. 2d 1149 (Fla. 2d DCA 1987)