Horne v. State, 92-1372
| Decision Date | 18 August 1993 |
| Docket Number | No. 92-1372,92-1372 |
| Citation | 623 So.2d 777 |
| Parties | 18 Fla. L. Weekly D1842 Morris Alexander HORNE, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Robert L. Corse of Corse & Bell, Jacksonville, for appellant.
Robert A. Butterworth, Atty. Gen.; Amelia L. Beisner, Asst. Atty. Gen., and Michael W. Zarlenga, Certified Legal Intern, Tallahassee, for appellee.
Morris Alexander was convicted of five counts of armed robbery and six counts of armed kidnapping. Appellant raises a number of issues on appeal, only one of which has merit: whether two of the robbery counts involving the same victim constituted one crime. The first two counts of the information involved property taken from one individual. The separate counts resulted because some of the property belonged to the individual and some belonged to her employer. There was little or no temporal or geographic break between the two takings. Under these circumstances, there is only one robbery. See Nordello v. State, 603 So.2d 36 (Fla. 3d DCA 1992); Morgan v. State, 407 So.2d 962 (Fla. 4th DCA 1981). We therefore reverse the conviction for one of the robbery counts, and on remand direct that the trial court shall vacate either the conviction and sentence as to count I or II of the information. In all other respects, the convictions and sentences are affirmed.
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