EDWARD PAUL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A defendant cannot be convicted and sentenced for both strong-arm robbery and grand theft for the taking of the same property.
Appellant was convicted of strong-arm robbery and grand theft, both involving the taking of the same property at the same time and place. The offenses…
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PER CURIAM.
Appellant was convicted of strong-arm robbery and grand theft. Both convictions involved the taking of the same property at the same time and place. He now appeals from the convictions and sentences imposed.
We find no error demonstrated with regard to the denial of appellant’s motion for judgment of acquittal. We do find error, however, in the dual convictions and sentences. One cannot be convicted and sentenced for both robbery and grand theft for the taking of the same property valued at over $100. Carawan v. State, 515 So. 2d 161 (Fla.1987); State v. Bing, 514 So. 2d 1101 (Fla.1987). The offense involved occurred prior to the passage of section 775.-021(4)(a), Florida Statutes (Supp.1988). See State v. Smith, 547 So. 2d 613 (Fla.1989).
Accordingly, we affirm the conviction for armed robbery and remand for resentencing for that crime only. The conviction for second-degree grand theft and sentence therefor are reversed.
DOWNEY, GLICKSTEIN and WARNER, JJ., concur.
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Barbara J. Anthony & the State of Fla. v. Snell, 630 So. 2d 606 (Fla. 1st DCA 1993)…filed and no notice was given to the appellants that modification was at issue. ' A motion for contempt does not provide a legal basis for the trial court to modify child support. Morgan v. Morgan, 429 So. 2d 432 (Fla. 1st DCA 1983); Sentz v. Sentz, 548 So. 2d 297 (Fla. 4th DCA 1989). Consequently, the order of modification is REVERSED. BOOTH, MINER and KAHN, JJ., concur.…
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Geiger v. Geiger, 632 So. 2d 693 (Fla. 1st DCA 1994)…g on modification would be rendered. It has been held that a ruling on modification constitutes a jurisdictional defect where no pleading requested such modification. Leibowitz v. Leibowitz, 611 So. 2d 629 (Fla. 4th DCA 1993) (citing Sentz v. Sentz, 548 So. 2d 297 (Fla. 4th DCA 1989) (finding modification of child support exceeded scope of contempt proceeding and constituted deprivation of due process)); see also Anthony and State, Dept, of HRS v. Snell, 630 So. 2d 606 (Fla. 1st DCA 1993) (modification of chi…
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Previewing 3 of 5 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. Smith, 547 So. 2d 613 (Fla. 1989)
- THE Florida BAR v. Long, 514 So. 2d 1101 (Fla. 1987)