Decastro v. State

District Court of Appeal of Florida

Decastro v. State

708 So. 2d 635, 1998 Fla. App. LEXIS 2769, 1998 WL 121581

CourtDistrict Court of Appeal of Florida

DecidedMarch 20, 1998

DocketNo. 97-1717

StatusPublished

Cited by1 cases

This text of 708 So. 2d 635 (Decastro v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Decastro v. State, 708 So. 2d 635, 1998 Fla. App. LEXIS 2769, 1998 WL 121581 (Fla. Ct. App. 1998).

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Opinion

DAUKSCH, Judge.

This is an appeal from convictions for two counts of robbery with a firearm.

Although not preserved by objection below, appellant now complains that he should have been convicted only of one robbery because the money and the beer and the bag he took were all from the same owner, the convenience store, even though the two victims in the two counts were different persons. The facts áre that appellant held a handgun on each of the victims and took beer, which one victim had placed on the counter, and money from the other victim which had been revealed by the victim opening the cash register. Two robberies were committed. Brown v. State, 430 So.2d 446 (Fla.1983); Morales v. State, 451 So.2d 941 (Fla. 5th DCA 1984); Holmes v. State, 453 So.2d 533 (Fla. 5th DCA 1984).

AFFIRMED.

W. SHARP and ANTOON, JJ., concur.

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DAUKSCH, Judge.

This is an appeal from convictions for two counts of robbery with a firearm.

Although not preserved by objection below, appellant now complains that he should have been convicted only of one robbery because the money and the beer and the bag he took were all from the same owner, the convenience store, even though the two victims in the two counts were different persons. The facts áre that appellant held a handgun on each of the victims and took beer, which one victim had placed on the counter, and money from the other victim which had been revealed by the victim opening the cash register. Two robberies were committed. Brown v. State, 430 So.2d 446 (Fla.1983); Morales v. State, 451 So.2d 941 (Fla. 5th DCA 1984); Holmes v. State, 453 So.2d 533 (Fla. 5th DCA 1984).

AFFIRMED.

W. SHARP and ANTOON, JJ., concur.

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708 So. 2d 635, 1998 Fla. App. LEXIS 2769, 1998 WL 121581, Counsel Stack Legal Research, https://law.counselstack.com/opinion/decastro-v-state-fladistctapp-1998.

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