MORRIS ALEXANDER HORNE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Morris Alexander was convicted of five counts of armed robbery and six counts of armed kidnapping. Appellant raises a number of issues on appeal, only one of which has merit: whether two of the robbery counts involving the same victim constituted one crime. The first two counts of the information involved property taken from one individual. The separate counts resulted because some of the property belonged to the individual and some belonged to her employer. There was little or no temporal or geographic break between the two takings. Under these circumstances, there is only one robbery. See Nordello v. State, 603 So. 2d 36 (Fla. 3d DCA 1992); Morgan v. State, 407 So. 2d 962 (Fla. 4th DCA 1981). We therefore reverse the conviction for one of the robbery counts, and on remand direct that the trial court shall vacate either the conviction and sentence as to count I or II of the information. In all other respects, the convictions and sentences are affirmed.
SMITH, WOLF and MICKLE, JJ., concur.
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Cruller v. State, 808 So. 2d 201 (Fla. 2002)…as convicted improperly of two counts of armed robbery, whether property of the convenience store and property of the store’s employee was taken from the employee “during one continuous episode”), approved, 735 So. 2d 481 (Fla.1999); Horne v. State, 623 So. 2d 777, 777 (Fla. 1st DCA 1993) (reversing one of two convictions for armed robbery because “[tjhere was little or no temporal or geographic break between the two takings” of property from one individual); Hamilton v. State, 487 So. 2d 407, 408 (Fla. 3d DC…
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Ward v. State, 730 So. 2d 728 (Fla. 1st DCA 1999)…. See, e.g., Fraley v. State, 641 So. 2d 128 (Fla. 3d DCA 1994) (vacating one of two convictions for armed robbery because taking money from a cash register and then taking the clerk’s gun were part of only one criminal transaction); Horne v. State, 623 So. 2d 777 (Fla. 1st DCA 1993) (vacating one of two convictions for armed robbery because, although some property taken belonged to the employer and some to the clerk, “[tjhere was little or no temporal or geographic break between the two takings”); Nordelo v.…
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Butler v. State, 711 So. 2d 1183 (Fla. 1st DCA 1998)…is and other courts that only one robbery occurs, notwithstanding the fact that the property taken belonged to different owners. Morgan v. State, 407 So. 2d 962 (Fla. 4th DCA 1982); Nordelo v. State, 603 So. 2d 36 (Fla. 3d DCA 1992); Horne v. State, 623 So. 2d 777 (Fla. 1st DCA 1993); cf., Brown v. State, 430 So. 2d 446 (Fla.1983). Further, as this court made clear in Austin v. State, 699 So. 2d 314 (Fla. 1st DCA 1997), appellant did not waive his double jeopardy claim arising from the multiple robbery convic…
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- Nordelo v. State, 603 So. 2d 36 (Fla. 3d DCA 1992)
- Morgan v. State, 407 So. 2d 962 (Fla. 4th DCA 1981)