Springer v. State

Full title: Joseph SPRINGER, Appellant, v. The STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: May 31, 1995

736 So. 2d 1 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-2646.

Opinion filed May 31, 1995.

An Appeal from the Circuit Court for Dade County; Thomas M. Carney, Judge.

Bennett H. Brummer, Public Defender and Neil rose, Sp. Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen. and Sylvie Perez Posner, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and JORGENSON and LEVY, JJ.

CONFESSION OF ERROR

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 duplictious 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.