Isaac v. State

• Decision Date: 10 November 1998
• Docket Number: No. 97-1350,97-1350
• Citation: Isaac v. State, 720 So.2d 306 (Fla. App. 1998)
• Parties: 23 Fla. L. Weekly D2518 Lemuel ISAAC, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 306

720 So.2d 306

23 Fla. L. Weekly D2518

Lemuel ISAAC, Appellant, v. STATE of Florida, Appellee.

No. 97-1350.

District Court of Appeal of Florida First District.

Nov. 10, 1998.

An appeal from the Circuit Court for Leon County; L. Ralph Smith, Judge.

Nancy A. Daniels, Public Defender; Judith J. Hall, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Daniel A. David, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Appellant, Lemuel Isaac, was convicted by a jury of two counts of armed robbery, one count of kidnapping, one count of grand theft and one count of burglary while armed. In this appeal he raises several issues, only one of which we find to be meritorious. Convictions for armed robbery and grand theft cannot coexist when, as here, stolen property is the same for both crimes. Crittenden v. State, 684 So.2d 857 (Fla. 5th DCA 1996). Therefore, we reverse Isaac's conviction for grand theft and remand to the trial court with instructions to enter a judgment discharging appellant from that offense. We affirm as to all other points...