Lewis v. State

Full title: LEE ROY LEWIS, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Aug 22, 1989

547 So. 2d 1031 (Fla. Dist. Ct. App. 1989)

Opinion

No. 87-1373.

August 22, 1989.

An Appeal from the Circuit Court for Dade County; Mario P. Goderich, Judge.

Bennett H. Brummer, Public Defender, and Helen Ann Hauser, Sp. Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Julie S. Thornton and Jacqueline M. Valdespino, Asst. Attys. Gen., for appellee.

Before HUBBART, FERGUSON and GERSTEN, JJ.

PER CURIAM.

The State concedes that the defendant, convicted of robbery with a firearm, cannot be convicted of the separate crime of display of a firearm while committing that robbery. Hall v. State, 517 So.2d 678 (Fla. 1988) (defendant may not be punished twice for the single act of displaying a firearm or carrying a firearm while committing a robbery). No reversible error is shown by the other points raised on appeal. See Ross v. State, 474 So.2d 1170 (Fla. 1985); Wilkerson v. State, 461 So.2d 1376 (Fla. 1st DCA 1985).

The conviction and sentence for robbery are affirmed; the conviction for display of a firearm is reversed.