Opinion
No. 3D00-3013.
Opinion filed March 14, 2001.
An Appeal from the Circuit Court for Monroe County, Richard Payne, Judge. Lower Tribunal No. Cjm00-14.
Bennett H. Brummer, Public Defender and Lisa Walsh, Assistant Public Defender, for appellant.
Robert A. Butterworth, Attorney General and Erin K. Zack, Assistant Attorney General, for appellee.
Before SCHWARTZ, C.J., and GODERICH and FLETCHER, JJ.
ON CONFESSION OF ERROR
As the State has agreed by confessing error, the adjudication of delinquency as to theft as charged in count III is vacated because it is improperly duplicative of the adjudication for strong-armed robbery of the same property as charged in count I. See Davis v. State, 775 So.2d 427 (Fla. 5th DCA 2001); Taylor v. State, 751 So.2d 659 (Fla. 5th DCA 1999), review denied, 770 So.2d 161 (Fla. 2000). The adjudication as to robbery is affirmed.