Fraley v. State, 93-357
| Decision Date | 21 June 1994 |
| Docket Number | No. 93-357,93-357 |
| Citation | 641 So.2d 128 |
| Parties | 19 Fla. L. Weekly D1329 Ronnie FRALEY, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Bennett H. Brummer, Public Defender, and J. Rafael Rodriguez, Sp. Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and Linda S. Katz, Asst. Atty. Gen., for appellee.
Before BASKIN, JORGENSON and GREEN, JJ.
Defendant appeals from judgments of conviction and sentences that arose from offenses he committed during his one-man crime spree. We affirm in part and reverse in part.
The series of crimes began with the armed robbery of an adult book store. Defendant pistol-whipped and shot at the store clerk, took money from the register, and then took the clerk's personal firearm. Count I of the information charged him with armed robbery for taking cash from the victim, identified as the store and/or the clerk; Count II charged him with armed robbery for taking a firearm from the victim, again identified as the store and/or the clerk. Defendant was convicted of two separate counts of armed robbery as charged in Counts I and II of the information, and of aggravated battery on the clerk, as charged in Count V, and was ordered to serve two life sentences with minimum mandatory terms, to run concurrently. Because the two acts of taking "were part of one comprehensive transaction to confiscate the sole victim's property," only one of those convictions can stand. Nordelo v. State, 603 So.2d 36, 38 (Fla. 3d DCA 1992). Accordingly, we vacate one conviction for armed robbery; we likewise vacate the sentence of life imprisonment with a three-year minimum mandatory term that accompanies that one conviction for armed robbery. Moreover, the trial court erred in sentencing defendant to consecutive life sentences with minimum mandatory terms on the armed robbery conviction and the aggravated battery conviction charged in Count V. The convictions arose from the same criminal episode and involved the same victim; the terms should run concurrently. See Ward v. State, 630 So.2d 217 (Fla. 3d DCA 1993).
When defendant fled the store, he shot the security guard; that offense resulted in a conviction for attempted first degree murder. Defendant then made two attempts at two different locations to commandeer different cars; both attempts failed. This portion of the crime spree resulted in one conviction for armed burglary of a conveyance, and two convictions for attempted robbery with a firearm--one for each car's driver.
The trial court entered consecutive minimum mandatory sentences for armed burglary of the store ...
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Cruller v. State
...convictions of armed robbery where separate property was taken from the same victim. Ward, 730 So.2d at 730. Thus, in Fraley v. State, 641 So.2d 128, 129 (Fla. 3d DCA 1994), a defendant appealed his convictions of two counts of armed robbery, [d]efendant pistol-whipped and shot at the store......
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Victor v. State, 3D99-3041.
...it in the case now before us. The defendant also argues that one of the two convictions must be vacated on account of Fraley v. State, 641 So.2d 128 (Fla. 3d DCA 1994), and Nordelo v. State, 603 So.2d 36 (Fla. 3d DCA 1992). Those cases do not support the defendant's In Nordelo, the defendan......
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Neal v. State
...DCA 2003) ; O'Bryant v. State, 765 So.2d 745 (Fla. 1st DCA 2000) ; Gamble v. State, 723 So.2d 905 (Fla. 5th DCA 1999) ; Fraley v. State, 641 So.2d 128 (Fla. 3d DCA 1994) ; Newton v. State, 603 So.2d 558 (Fla. 4th DCA 1992).KHOUZAM, MORRIS, and SLEET, JJ., ...
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Ward v. State, 97-3907
...was taken as a part of the same criminal transaction or episode, without any temporal or geographic break. See, e.g., Fraley v. State, 641 So.2d 128 (Fla. 3d DCA 1994) (vacating one of two convictions for armed robbery because taking money from a cash register and then taking the clerk's gu......