Hall v. State

District Court of Appeal of Florida

Hall v. State

404 So. 2d 126, 1981 Fla. App. LEXIS 18927

CourtDistrict Court of Appeal of Florida

DecidedMarch 18, 1981

DocketNo. 80-1026

StatusPublished

This text of 404 So. 2d 126 (Hall 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.

Bluebook

Hall v. State, 404 So. 2d 126, 1981 Fla. App. LEXIS 18927 (Fla. Ct. App. 1981).

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Opinion

PER CURIAM.

Appellant was adjudicated guilty of armed robbery and aggravated battery and was sentenced to a term of ten years imprisonment on the first charge and five years on the second, to run concurrently. The record does not support a conviction for armed robbery. Accordingly, we reverse that portion of the adjudication and direct the trial court to reduce the crime to robbery. Because the sentence imposes terms to run concurrently, creating an interrelationship between the two penalties imposed, we reverse the sentence and, on remand, the trial court shall resentence appellant for simple robbery and aggravated battery.

DOWNEY, BERANEK and HERSEY, JJ., concur.

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PER CURIAM.

Appellant was adjudicated guilty of armed robbery and aggravated battery and was sentenced to a term of ten years imprisonment on the first charge and five years on the second, to run concurrently. The record does not support a conviction for armed robbery. Accordingly, we reverse that portion of the adjudication and direct the trial court to reduce the crime to robbery. Because the sentence imposes terms to run concurrently, creating an interrelationship between the two penalties imposed, we reverse the sentence and, on remand, the trial court shall resentence appellant for simple robbery and aggravated battery.

DOWNEY, BERANEK and HERSEY, JJ., concur.

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Bluebook (online)

404 So. 2d 126, 1981 Fla. App. LEXIS 18927, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hall-v-state-fladistctapp-1981.