Barner v. State, 80-318
| Decision Date | 25 November 1980 |
| Docket Number | No. 80-318,80-318 |
| Citation | 390 So.2d 468 |
| Parties | Archie BARNER, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
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.
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.
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