MELVIN FREEMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MELVIN FREEMAN, APPELLANT,
STATE OF FLORIDA, APPELLEE
623 So. 2d 858
Florida District Court of Appeal, Fourth District (1993)
Positive Treatment
Cited by 2 cases
Opinion of the Court
[*859] PER CURIAM.
This is an appeal by the defendant, Melvin Freeman, from his convictions of armed robbery, aggravated assault and petit theft. We reverse the petit theft conviction as it is a category-one necessarily lesser-included offense of armed robbery. Chestnut v. State, 538 So. 2d 820 (Fla.1989); J.C.B. v. State, 512 So. 2d 1073 (Fla. 1st DCA 1987), rev. denied, 520 So. 2d 586 (Fla.1988). A defendant may not be convicted of both an offense and its category-one necessarily lesser-included offenses. State v. Johnson, 601 So. 2d 219 (Fla.1992).
We affirm the other points raised on appeal.
AFFIRMED IN PART; REVERSED IN PART.
STONE and WARNER, JJ., and WALDEN, JAMES H., Senior Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Palmer v. State, 752 So. 2d 665 (Fla. 2d DCA 2000)…e undue prejudice). Further, Palmer correctly argues, and the State concedes, that petit theft is a necessarily included offense of robbery and, therefore, Palmer cannot be convicted of both for the theft of the same property. See Freeman v. State, 623 So. 2d 858 (Fla. 4th DCA 1993) (holding that a defendant cannot be convicted of both armed robbery and the necessarily included offense of pet-it theft). Reversed and remanded. NORTHCUTT and STRINGER, JJ., Concur. ■…
Authorities Cited
- Chestnut v. State, 538 So. 2d 820 (Fla. 1989)
- State v. Sinclair Johnson, 601 So. 2d 219 (Fla. 1992)
- In the Interest of J.C.B. v. State, 512 So. 2d 1073 (Fla. 1st DCA 1987)