CHRIS ROBINSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant's conviction for robbery, aggravated assault, and firearm use was affirmed in part and reversed in part; the firearm charge was vacated as part of the same transaction as the robbery, but the robbery and assault convictions stood as separate crimes against different victims.
A firearm charge arising from the same transaction as a robbery must be vacated, but robbery and aggravated assault against different persons constitute separate crimes.
[1] A firearm charge constituting part of the same transaction as a robbery cannot support a separate sentence and must be vacated.
[2] Robbery and aggravated assault against different persons constitute separate crimes despite arising from related circumstances.
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Join FLexlaw to unlock all legal intelligenceRobinson was convicted of robbing Catherine Kite, committing aggravated assault on Maude Severance, and using a firearm during the commission of a fel…
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PER CURIAM.
Appellant was convicted of all counts of a three count information. Count I charged robbery of one Catherine Kite. Count II charged an aggravated assault upon one Maude Severance and Count III charged use of a firearm during the commission of a felony. Appellant contends that all three charges were part of the same transaction or crime involving the robbery and that the sentences for the lesser of the three offenses cannot stand. We agree that Count III was a part of the same transaction or crime as Counts I and II but disagree that Count I was a part of the crime committed in Count II or that Count II part of the crime committed in Count I. Counts I and II were crimes upon different persons. See Robinson v. State, Fla.App. (1st), Case No. X-452, 323 So. 2d 62, opinion filed September 23, 1975; and opinion on petition for rehearing granted therein filed this date.
We have considered the other point raised by appellant and find it to be without merit. See Bunch v. State, Fla.App. (1st), 303 So. 2d 705 (1974); and Wilson v. State, Fla., 304 So. 2d 119 (1974).
Affirmed in part and reversed in part and remanded with directions that the sentence below to 15 years imprisonment for use of a firearm during the commission of a felony be vacated.
RAWLS, Acting C. J., and McCORD, J., concur. SMITH, J., concurs specially.
SMITH, Judge
(concurring specially):
Although count three of the information in this case has the same infirmities that, in my view, invalidate one count of the information in another case against Robinson disposed of today on petition for rehearing, Robinson v. State, 323 So. 2d 62 (Fla. App.1st, 1975, Case No. X-452), no attack was made upon the sufficiency of the information in this case. I therefore concur in the Court’s opinion and decision.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Booth v. State, 332 So. 2d 157 (Fla. 1st DCA 1976)…the first, for robbery of the patron. The circuit judge’s sentencing pattern is entirely in accord with Simmons. The attacks on the manager and on the patron were separately punishable; Booth’s counsel does not contend otherwise. Robinson v. State, 323 So. 2d 630 (Fla.App.1st, 1975). We hold further that Booth’s assault on the store manager was not simply an aspect of the same transaction in which Booth robbed her, and that Booth’s assault to kill the patron was not merely an aspect of robbery of the patron.…
Authorities Cited
- Wilson v. State, 304 So. 2d 119 (Fla. 1974)
- Bunch v. State, 303 So. 2d 705 (Fla. 1st DCA 1974)
- Robinson v. State, 323 So. 2d 62 (Fla. 1st DCA 1975)