Neal v. State, 87-2061
| Decision Date | 07 July 1988 |
| Docket Number | No. 87-2061,87-2061 |
| Citation | 527 So.2d 966 |
| Parties | Earl Cleveland NEAL, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Appeal from the Circuit Court for Orange County; Emerson R. Thompson, Jr., Judge.
James B. Gibson, Public Defender, and Barbara L. Condon, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and W. Brian Bayly, Asst. Atty. Gen., Daytona Beach, for appellee.
The defendant took money from a grocery clerk by threatening him with a knife. Based on this one act, the defendant was convicted of armed robbery (§ 812.13(2)(a), Fla.Stat.), possession of a weapon in the commission of a felony (§ 790.07), and aggravated assault with a deadly weapon (§ 784.021). Defendant appeals.
The greater of the defendant's three convictions, being the armed robbery, is affirmed. See State v. Barton, 523 So.2d 152 (Fla.1988). The convictions for aggravated assault and possession of a weapon in the commission of a felony are reversed on authority of Richardson v. State, 523 So.2d 746 (Fla. 5th DCA 1988) and Wright v. State, 519 So.2d 1157 (Fla. 5th DCA 1988). See also Hall v. State, 517 So.2d 678 (Fla.1988); Carawan v. State, 515 So.2d 161 (Fla.1987); Brown v. State, 529 So.2d 1247 (Fla. 4th DCA May 18, 1988) (); Cooper v. State, 524 So.2d 738 (Fla. 1st DCA 1988) (); Sapp v. State, 522 So.2d 1006 (Fla. 4th DCA 1988) ().
This case is remanded with directions that the defendant be resentenced based upon a scoresheet in which the points scored for aggravated assault and possession of a weapon in the commission of a felony have been eliminated.
AFFIRMED IN PART; REVERSED IN PART; REMANDED.
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