FREDERICK DAVISON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
FREDERICK DAVISON, APPELLANT,
STATE OF FLORIDA, APPELLEE
346 So. 2d 1238
Florida District Court of Appeal, First District (1977)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Davison was convicted of robbery and possession of a firearm during a criminal offense. He was sentenced to 25 years on the robbery count and 10 years to be served concurrently on the firearm count. The two violations were a part of the same criminal act; therefore, the concurrent 10-year sentence imposed under the count of the information charging Davison with pos session of a firearm while engaged in a criminal offense is vacated. Cone v. State, 285 So. 2d 12 (Fla.1973); Nowlin v. State, 320 So. 2d 468 (Fla. 4th DCA 1975); Zygadlo v. State, 341 So. 2d 1053 (Fla. 1st DCA 1976), and Nowlin v. State, Supreme Court, 346 So. 2d 1020, opinion filed May 26, 1977.
REVERSED.
BOYER, C. J., and RAWLS and SMITH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Sellars v. State, 362 So. 2d 33 (Fla. 1st DCA 1978)…nd reverse. Only one sentence may be imposed for the offense of robbery and use of a firearm during the commission of the same robbery. Cone v. State, 285 So. 2d 12 (Fla.1973); Zygadlo v. State, 341 So. 2d 1053 (Fla. 1st DCA 1977); Davison v. State, 346 So. 2d 1238 (Fla. 1st DCA 1977). Contra Campbell v. State, 310 So. 2d 319 (Fla. 3d DCA 1975); Swyers v. State, 334 So. 2d 278 (Fla. 3d DCA 1976); Johnson v. State, 338 So. 2d 556 (Fla. 3d DCA 1976). The court additionally failed to accord Sellars credit for ti…
Authorities Cited
- Cone v. State, 285 So. 2d 12 (Fla. 1973)
- Nowlin v. State, 346 So. 2d 1020 (Fla. 1977)
- In the Interest of S. L. M., 346 So. 2d 1020 (Fla. 1977)
- Zygadlo v. State, 341 So. 2d 1053 (Fla. 1st DCA 1977)
- Nowlin v. State, 320 So. 2d 468 (Fla. 4th DCA 1975)