Barner v. State

Full title: ARCHIE BARNER, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Nov 25, 1980

390 So. 2d 468 (Fla. Dist. Ct. App. 1980)

Opinion

No. 80-318.

November 25, 1980.

Appeal from Circuit Court, Dade County; Richard S. Hickey, Judge.

Bennett H. Brummer, Public Defender and Beth C. Weitzner, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., for appellee.

Before HENDRY, SCHWARTZ and PEARSON, DANIEL S., JJ.

PER CURIAM.

The defendant was convicted and given concurrent sentences for robbery with a firearm and the separate charge of possession of a firearm during the commission of the robbery. Both the adjudication and the sentence on the possession count are reversed on the authority of State v. Pinder, 375 So.2d 836 (Fla. 1979) and Hegstrom v. State, 388 So.2d 1308 (Fla.3d DCA 1980) (Case no. 77-2480, opinion filed, October 7, 1980). The judgment and sentence for armed robbery are affirmed.