LEE ROY LEWIS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
LEE ROY LEWIS, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
547 So. 2d 1031
Florida District Court of Appeal, Third District (1989)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The State concedes that the defendant, convicted of robbery with a firearm, cannot be convicted of the separate crime of display of a firearm while committing that robbery. Hall v. State, 517 So. 2d 678 (Fla. 1988) (defendant may not be punished twice for the single act of displaying a firearm or carrying a firearm while committing a robbery). No reversible error is shown by the other points raised on appeal. See Ross v. State, 474 So. 2d 1170 (Fla.1985); Wilkerson v. State, 461 So. 2d 1376 (Fla. 1st DCA 1985).
The conviction and sentence for robbery are affirmed; the conviction for display of a firearm is reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
E.H. v. State, 552 So. 2d 1197 (Fla. 3d DCA 1989)…PER CURIAM. Upon the state’s confession of error, the delinquency adjudication for possession of a firearm during the commission of a felony is reversed. See Lewis v. State, 547 So. 2d 1031 (Fla. 3d DCA 1989); Jones v. State, 546 So. 2d 126 (Fla. 3d DCA 1989); Williams v. State, 539 So. 2d 35 (Fla. 3d DCA 1989); Smith v. State, 539 So. 2d 601 (Fla. 3d DCA 1989); Jean v. State, 538 So. 2d 153 (Fla. 3d DCA 1989); Ellison v. State, 538 So…
Authorities Cited
- Hall v. State, 517 So. 2d 678 (Fla. 1988)
- Wilton Amos Ross v. State, 474 So. 2d 1170 (Fla. 1985)
- Wilkerson v. State, 461 So. 2d 1376 (Fla. 1st DCA 1985)