Morgan v. State, 80-1546

Decision Date09 December 1981
Docket NumberNo. 80-1546,80-1546
Citation407 So.2d 962
PartiesRobert MORGAN, Jr., Appellant, v. STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

Richard L. Jorandby, Public Defender and Tatjana Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Ondina Felipe, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Robert Morgan, Jr. was convicted of two counts of armed robbery and one count of battery, and was sentenced accordingly. The armed robbery counts involve only one individual in one incident, although some money was taken that belonged to the individual and additional money was taken which was under the custody and control of that individual but which was owned by his employer. Under such circumstances there is only one robbery. Hearn v. State, 55 So.2d 559 (Fla.1951).

We therefore affirm one of the convictions for armed robbery and the battery conviction. The second robbery conviction is stricken, the sentence is vacated and the cause is remanded for resentencing.

AFFIRMED IN PART; REVERSED IN PART; AND REMANDED FOR RESENTENCING.

LETTS, C. J., and HERSEY and HURLEY, JJ., concur.

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8 cases
  • State v. Whitmore
    • United States
    • Missouri Court of Appeals
    • April 15, 1997
    ...the business' money, appears to be the general rule. Mansfield v. Champion, 992 F.2d 1098, 1099-1102 (10th Cir.1993); Morgan v. State, 407 So.2d 962, 963 (Fla.App.1981); Creecy v. State, 235 Ga. 542, 221 S.E.2d 17, 19 (1975); Stark v. Com., 828 S.W.2d 603, 606-07 (Ky.1991); State v. Sellars......
  • Butler v. State, 96-4871
    • United States
    • Florida District Court of Appeals
    • April 17, 1998
    ...courts that only one robbery occurs, notwithstanding the fact that the property taken belonged to different owners. Morgan v. State, 407 So.2d 962 (Fla. 4th DCA 1982); Nordelo v. State, 603 So.2d 36 (Fla. 3d DCA 1992); Horne v. State, 623 So.2d 777 (Fla. 1st DCA 1993); cf., Brown v. State, ......
  • Brown v. State
    • United States
    • Florida District Court of Appeals
    • May 14, 1982
    ...me." She then opened her register and gave the cash in it to Brown. Relying on Hearn v. State, 55 So.2d 559 (Fla.1951); Morgan v. State, 407 So.2d 962 (Fla. 4th DCA 1982); Thomas v. State, 405 So.2d 1015 (Fla. 1st DCA 1981); and Hill v. State, 293 So.2d 79 (Fla. 3d DCA 1974), Brown argues t......
  • Demps v. State, 4D07-1767.
    • United States
    • Florida District Court of Appeals
    • October 3, 2007
    ...employee, where taking was "during one continuous episode"); Anderson v. State, 639 So.2d 192 (Fla. 4th DCA 1994); Morgan v. State, 407 So.2d 962 (Fla. 4th DCA 1981). The state's response to our order to show cause does not clear up the record as to whether these two counts were barred by d......
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