DARON HUSTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DARON HUSTON, APPELLANT,
STATE OF FLORIDA, APPELLEE
557 So. 2d 887
Florida District Court of Appeal, Fourth District (1990)
Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.
AFFIRMED.
DOWNEY and LETTS, JJ., concur.
ANSTEAD, J., concurs specially with opinion.
Concurrence
ANSTEAD, Judge,
specially concurring.
I agree that the appellant’s convictions for both robbery and grand theft involving the same property must be affirmed under the Florida Supreme Court’s holding in State v. Rodriquez, 500 So. 2d 120 (Fla.1986).
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Sirmons v. State, 603 So. 2d 82 (Fla. 5th DCA 1992)…e question whether there can be dual convictions of robbery and grand theft auto for a forceful taking of an automobile from another. We note that we are in good company. Collins v. State, 577 So. 2d 986 (Fla. 4th DCA1991); see also Huston v. State, 557 So. 2d 887, 887 (Fla. 4th DCA1990) (Anstead, J., concurring specially).3 The judgment and sentences are affirmed. AFFIRMED. HARRIS and GRIFFIN, JJ., concur. . Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932). . Subsection 812.…
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Arnett v. State, 598 So. 2d 235 (Fla. 1st DCA 1992)…nvicted felon is not one of the offenses enumerated in section 775.-087(2), Florida Statutes (1989), to which the three-year mandatory minimum provisions [*236] apply. See Kennedy v. State, 564 So. 2d 1127, 1130 (Fla. 1st DCA 1990); Gainey v. State, 557 So. 2d 887, 888 (Fla. 1st DCA 1990). Similarly, it is well settled that the total of the incarcerative and probationary portions of a split sentence may not exceed the term provided by general law. Roache v. State, 547 So. 2d 706, 707 (Fla. 1st DCA 1989); Bono…
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Miller v. State, 649 So. 2d 365 (Fla. 3d DCA 1995)…entence. Hansbrough v. State, 509 So. 2d 1081,1087 (Fla.1987) (“Because the sentencing guidelines apply to that sentence, however, the trial court should not have retained jurisdiction for one-third of the armed robbery sentence.”); Gainey v. State, 557 So. 2d 887 (Fla. 1st DCA 1990). We find no merit, however, in the remaining arguments raised by the defendant on appeal. Accordingly, the order under review is reversed, and the cause is remanded to the trial court with directions to grant, in part, the moti…
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- State v. Rodriquez, 500 So. 2d 120 (Fla. 1986)