Opinion
No. 79-2153.
June 3, 1981.
Appeal from Circuit Court, St. Lucie County; Royce R. Lewis, Judge.
Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellee.
The defendant herein was found guilty of first degree murder and robbery with a firearm. He was convicted of both crimes but sentenced on only the murder conviction. In accordance with Hillery v. State, 391 So.2d 776 (Fla. 4th DCA 1980), we hold that the conviction of robbery with a firearm was improper. Defendant's conviction and sentence on first degree murder are thus affirmed and the conviction on robbery with a firearm is hereby vacated. See State v. Pinder, 375 So.2d 836 (Fla. 1979). We find all other points raised by defendant to be without merit.
AFFIRMED IN PART AND REVERSED IN PART.
LETTS, C.J., and MOORE and BERANEK, JJ., concur.