Stevens v. State
| Decision Date | 05 July 1979 |
| Docket Number | No. 53096,53096 |
| Citation | 372 So.2d 1370 |
| Parties | Curtis STEVENS, Petitioner, v. STATE of Florida, Respondent. |
| Court | Florida Supreme Court |
Bennett H. Brummer, Public Defender, and Beth C. Weitzner, Asst. Public Defender, Miami, for petitioner.
Jim Smith, Atty. Gen., and Ira N. Loewy and Susan C. Minor, Asst. Attys. Gen., Miami, for respondent.
This cause is before the court on petition for certiorari to review the decision of the district court of appeal in Stevens v. State, 351 So.2d 1077 (Fla. 3d DCA 1977). The court granted certiorari because of conflict with Cone v. State, 285 So.2d 12 (Fla.1973). Conflict of decisions gives us jurisdiction. Art. V, § 3(b)(3), Fla.Const.
The state by information charged that the petitioner, on October 25, 1975, committed acts constituting an aggravated robbery under sections 812.13(1) and (2)(a), Florida Statutes (1975). A separate count of the information charged that at the same time and place, petitioner and his codefendants "did unlawfully and feloniously display certain firearms" while committing robbery. Thus the latter count alleged a violation of section 790.07(2), Florida Statutes (1975).
Upon the return of guilty verdicts on both offenses charged, the trial court entered judgment and imposed separate sentences for the two crimes. Thus the record proper reveals that separate sentences were imposed for these two offenses in a situation where the acts charged with regard to the "display" offense in fact constituted the element of "force, violence, assault, or putting in fear" required to be proved in connection with the robbery offense. We have held that under facts such as these separate sentences for these two offenses are improper. The district court affirmed and created conflict of decisions. Johnson v. State, 366 So.2d 418 (Fla.1978); Cone v. State, 285 So.2d 12 (Fla.1973).
Petitioner's other assertion of district court error is without merit.
The decision of the district court affirming the separate sentences for the crimes of robbery and display of a firearm during the commission of a felony is quashed. The cause is remanded with directions to vacate the sentence imposed for the latter crime. In other respects the decision of the district court is affirmed.
It is so ordered.
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Taylor v. State
...we find to be in conflict with Stevens v. State, 351 So.2d 1077 (Fla. 3d DCA 1977), aff'd and quashed in part on other grounds, 372 So.2d 1370 (Fla.1979). 1 , 2 We vacate the panel decision and affirm the trial court's order revoking the defendant's The affidavit for violation of Taylor's p......
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Hegstrom v. State
...of a lesser included offense, without discussion left the conviction undisturbed and set aside the sentence. See, e. g., Stevens v. State, 372 So.2d 1370 (Fla.1979); Johnson v. State, 366 So.2d 418 (Fla.1978); and Cone v. State, 285 So.2d 12 (Fla.1973). See also Gonzalez v. State, 367 So.2d......
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Davis v. State, 80-1656
...commission of the felony of aggravated battery are identical), and will not support the imposition of separate sentences, Stevens v. State, 372 So.2d 1370 (Fla.1979); Gonzalez v. State, 367 So.2d 1008 (Fla.1979); Johnson v. State, 366 So.2d 418 (Fla.1978); Cone v. State, 285 So.2d 12 (Fla.1......
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Stevens v. State, 76-733
...and WHEREAS, on review of this court's judgment, by certiorari, the Supreme Court of Florida, by its opinion and judgment filed July 5, 1979, 372 So.2d 1370 and mandate now lodged in this court, affirmed in part and reversed in part and remanded with NOW, THEREFORE, It is Ordered that the m......