JOSEPH SPRINGER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1995-05-31
No. 94-2646
Before SCHWARTZ, C.J., and JORGENSON and LEVY, JJ.
736 So. 2d 1 Florida District Court of Appeal, Third District (1995) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We agree with the defendant’s contention, and the state’s appropriate concession, that Springer’s conviction as to the robbery with a firearm charge contained in count three may not be sustained because it is duplicitous of the charges and convictions in counts one and two. See Fraley v. State, 641 So. 2d 128 (Fla. 3d DCA 1994); Nordelo v. State, 603 So. 2d 36 (Fla. 3d DCA 1992). Compare Smart v. State, 652 So. 2d 448 (Fla. 3d DCA 1995). Accordingly, the conviction as to count three is vacated and the cause remanded for resentencing as to counts one and two.


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