Smart v. State, 94-2055
| Decision Date | 22 March 1995 |
| Docket Number | No. 94-2055,94-2055 |
| Citation | 652 So.2d 448 |
| Parties | 20 Fla. L. Weekly D725 Eduardo SMART, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Bennett H. Brummer, Public Defender and Rosa C. Figarola, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen. and Linda S. Katz, Asst. Atty. Gen., for appellee.
Before SCHWARTZ, C.J., and BARKDULL and BASKIN, JJ.
Smart accosted the victim at an A.T.M. and, at gunpoint, robbed him of his jewelry and wallet. After an accomplice struck the victim, the defendant drove off with his car. We hold, contrary to the appellant's sole contention, that, under these circumstances, he was properly convicted and sentenced for both armed robbery of the personal effects under section 812.13(2)(a), (b), Florida Statutes (1993), and the armed carjacking of a different item, the vehicle, which is forbidden by a different statute, section 812.133(2)(a), Florida Statutes (1993). See Sec. 775.021, Fla.Stat. (1993). Compare Sirmons v. State, 634 So.2d 153 (Fla.1994) (); Fraley v. State, 641 So.2d 128 (Fla. 3d DCA 1994) (); Nordelo v. State, 603 So.2d 36, 38 (Fla. 3d DCA 1992) (same).
Affirmed.
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...the defendant was properly convicted for both of the separate offenses of robbery and carjacking." Id. (citing Smart v. State, 652 So.2d 448 (Fla. 3d DCA 1995)).1 The Third District, however, certified conflict with the First District's decision in Ward v. State, 730 So.2d 728 (Fla. 1st DCA......
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Baptiste-Jean v. State, 3D06-2041.
...So.2d 1141 (Fla. 1st DCA 1999); Cruller v. State, 745 So.2d 512 (Fla. 3d DCA 1999), approved, 808 So.2d 201 (Fla.2002); Smart v. State, 652 So.2d 448 (Fla. 3d DCA 1995), review denied, 660 So.2d 714 (Fla.1995). On this basis, the case is very much like Ward v. State, 730 So.2d 728 (Fla. 1st......
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Victor v. State, 3D99-3041.
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Ponds v. State, 96-1844
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