Union v. State

District Court of Appeal of Florida

Union v. State

301 So. 2d 458

Procedural entryThis page is a short order in Union v. State. Read the opinion of the Court — 1975 Fla. App. LEXIS 18844 →

District Court of Appeal of Florida·Decided October 9, 1974·No. Nos. 74-366, 74-367·Published

Opinion

GRIMES, Judge.

Appellant was convicted of robbery and of the use of a firearm in the commission of a felony and given concurrent five-year sentences. There is no error with respect to the entry of these judgments.

The firearm was used by appellant in order to perpetrate the robbery. Both crimes were facets of the same transaction. Therefore, pursuant to the authority of Cone v. State, Fla. 1973, 28S So.2d 12, the sentence for use of a firearm in the commission of a felony is hereby vacated.

The judgments are

Affirmed.

McNULTY, C. J., and HOBSON, J., concur.

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GRIMES, Judge.

Appellant was convicted of robbery and of the use of a firearm in the commission of a felony and given concurrent five-year sentences. There is no error with respect to the entry of these judgments.

The firearm was used by appellant in order to perpetrate the robbery. Both crimes were facets of the same transaction. Therefore, pursuant to the authority of Cone v. State, Fla. 1973, 28S So.2d 12, the sentence for use of a firearm in the commission of a felony is hereby vacated.

The judgments are

Affirmed.

McNULTY, C. J., and HOBSON, J., concur.

Union v. State, 301 So. 2d 458 (Fla. Ct. App. 1974).

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