DENNIE LEE STOKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LEHAN, Judge.
Defendant was convicted and sentenced for robbery with a weapon, in violation of section 812.13(2)(b), Florida Statutes (1981), and grand theft, in violation of section 812.014(2)(b), Florida Statutes (1981). Defendant raises three points on appeal. We find no merit in defendant’s first contention that photograph lineup identification procedures were improperly conducted. As to defendant’s second point, we find no double jeopardy in his convictions.
We agree with defendant’s last point and strike that portion of his sentence which requires him to pay restitution as a condition of parole. See Brown v. State, 427 So. 2d 271 (Fla. 2d DCA 1983); Alexander v. State, 425 So. 2d 1197 (Fla. 2d DCA 1983).
GRIMES, A.C.J., and CAMPBELL and LEHAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Alphonso Shivers v. State, 468 So. 2d 551 (Fla. 5th DCA 1985)…to so hold. . See Rodriguez v. State, 443 So. 2d 236 (Fla. 5th DCA 1983), review granted, No. 64,775 (State v. Rodriquez), for a discussion of the relationship between the offense of robbery and the offense of grand theft. See also Stoker v. State, 449 So. 2d 408 (Fla. 2d DCA 1984), which in finding no double jeopardy violation of both robbery and grand theft impliedly finds that grand theft is not a lesser included offense of robbery.…
Authorities Cited
- Brown v. State, 427 So. 2d 271 (Fla. 2d DCA 1983)
- Samuel S.J. Alexander v. State, 425 So. 2d 1197 (Fla. 2d DCA 1983)