CHRISTOPHER BURKE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CHRISTOPHER BURKE, APPELLANT,
STATE OF FLORIDA, APPELLEE
656 So. 2d 633
Florida District Court of Appeal, Fifth District (1995)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
The appellant has raised several issues on appeal. We find no merit to any of his arguments except in respect to his contention, conceded by the state, that there is a scrivener’s error on the face of the judgment entered below which reflects that Count II of said judgment is a second degree, rather than a third degree, felony. We order this scrivener’s error corrected. Otherwise, the judgment is affirmed.
AFFIRMED as corrected.
PETERSON, C.J., and COBB and GOSHORN, JJ., concur.
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J.M. v. State, 709 So. 2d 157 (Fla. 5th DCA 1998)…itted if the offenses in question are degrees of the same offense pursuant to section 775.021(4)(b)2, Florida Statutes (1989). See also Crittenden v. State, 684 So. 2d 857 (Fla. 5th DCA 1996), rev. denied, 690 So. 2d 1300 (Fla.1997); Ricks v. State, 656 So. 2d 633 (Fla. 5th DCA 1995). Here, the same property was charged as having been taken as a result of both the robbery and the theft (ie., a motor vehicle and vehicle keys) and there was only one “taking” of that property charged and proven at trial. Thus t…
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Darris Taylor v. State, 751 So. 2d 659 (Fla. 5th DCA 1999)…tted if the offenses in question are degrees of the same offense pursuant to section 775.021(4)(b)2, Florida Statutes (1989). See also Crittenden v. State, 684 So. 2d 857 (Fla. 5th DCA 1996), rev. denied, 690 So. 2d 1300 (Fla. 1997); Ricks v. State, 656 So. 2d 633 (Fla. 5th DCA 1995). Here, the same property was charged as having been taken as a result of both the robbery and the theft (i.e., a motor vehicle and vehicle keys) and there was only one “taking” of that property charged and proven at trial. Thus…
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Crittenden v. State, 684 So. 2d 857 (Fla. 5th DCA 1996)…e of theft, distinguished only by degree factors. We agree that appellant cannot be convicted of robbery and theft based upon the same act of taking the same property by force. See Hawkes v. State, 677 So. 2d 103 (Fla. 5th DCA 1996); Ricks v. State, 656 So. 2d 633 (Fla. 5th DCA 1995). Accordingly, the judgment and sentence for grand theft is reversed. In all other respects it is affirmed. JUDGMENT and SENTENCE AFFIRMED in part; REVERSED in part. COBB and HARRIS, JJ., concur.…