Barnum v. State, No. 93-3242

CourtCourt of Appeal of Florida (US)
Writing for the CourtLAWRENCE
Citation662 So.2d 968
Parties20 Fla. L. Weekly D2259 Henry M. BARNUM, Appellant, v. STATE of Florida, Appellee.
Docket NumberNo. 93-3242
Decision Date05 October 1995

Page 968

662 So.2d 968
20 Fla. L. Weekly D2259
Henry M. BARNUM, Appellant,
v.
STATE of Florida, Appellee.
No. 93-3242.
District Court of Appeal of Florida,
First District.
Oct. 5, 1995.
Rehearing Denied Dec. 4, 1995.

An appeal from the Circuit Court for Leon County; William L. Gary, Judge.

Nancy A. Daniels, Public Defender; Lynn A. Williams, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Thomas Crapps, Assistant Attorney General, Tallahassee, for Appellee.

LAWRENCE, Judge.

Henry M. Barnum (Barnum) was convicted of armed robbery, attempted first-degree

Page 969

murder of a law enforcement officer, depriving a law enforcement officer of his weapon and grand theft, following a jury trial. Of the five issues raised on appeal, only one has merit.

The State concedes that Barnum's sentence for grand theft of a firearm should be set aside because he was also sentenced for robbery of the same firearm. Sirmons v. State, 634 So.2d 153 (Fla.1994). We reverse and direct that Barnum's sentence for grand theft be vacated, but affirm all other issues.

AFFIRMED in part and REVERSED in part.

BOOTH and JOANOS, JJ., concur.

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2 practice notes
  • State v. Barnum, No. SC03-1315.
    • United States
    • United States State Supreme Court of Florida
    • 22 Septiembre 2005
    ...law enforcement officer, depriving a law enforcement officer of his weapon, and grand theft following a jury trial. See Barnum v. State, 662 So.2d 968, 968-69 (Fla. 1st DCA 1995) ("Barnum I"). Important for purposes of the instant analysis, Barnum was convicted of attempted first-degree mur......
  • Barnum v. State, No. 1D01-4759.
    • United States
    • Court of Appeal of Florida (US)
    • 2 Junio 2003
    ...conviction without discussion of the knowledge issue, but reversed on another issue not pertinent to the instant case. Barnum v. State, 662 So.2d 968 (Fla. 1st DCA 1995). In a motion for rehearing, Barnum asked for a certified question on the knowledge issue, but this court denied the motio......
2 cases
  • State v. Barnum, No. SC03-1315.
    • United States
    • United States State Supreme Court of Florida
    • 22 Septiembre 2005
    ...law enforcement officer, depriving a law enforcement officer of his weapon, and grand theft following a jury trial. See Barnum v. State, 662 So.2d 968, 968-69 (Fla. 1st DCA 1995) ("Barnum I"). Important for purposes of the instant analysis, Barnum was convicted of attempted first-degree mur......
  • Barnum v. State, No. 1D01-4759.
    • United States
    • Court of Appeal of Florida (US)
    • 2 Junio 2003
    ...conviction without discussion of the knowledge issue, but reversed on another issue not pertinent to the instant case. Barnum v. State, 662 So.2d 968 (Fla. 1st DCA 1995). In a motion for rehearing, Barnum asked for a certified question on the knowledge issue, but this court denied the motio......

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