JOSEPH SPRINGER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
JOSEPH SPRINGER, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
736 So. 2d 1
Florida District Court of Appeal, Third District (1995)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We agree with the defendant’s contention, and the state’s appropriate concession, that Springer’s conviction as to the robbery with a firearm charge contained in count three may not be sustained because it is duplicitous of the charges and convictions in counts one and two. See Fraley v. State, 641 So. 2d 128 (Fla. 3d DCA 1994); Nordelo v. State, 603 So. 2d 36 (Fla. 3d DCA 1992). Compare Smart v. State, 652 So. 2d 448 (Fla. 3d DCA 1995). Accordingly, the conviction as to count three is vacated and the cause remanded for resentencing as to counts one and two.
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Campbell v. Griffith, 971 So. 2d 232 (Fla. 2d DCA 2008)…ce pain and suffering as a result of an accident, a zero award for pain and suffering is inadequate as a matter of law”) (quoting Dolphin Cruise Line, Inc. v. Stassinopoulos, 731 So. 2d 708, 710 (Fla. 3d DCA 1999)); cf. Allstate Indem. Co. v. Clark, 736 So. 2d 1, 2 (Fla. 2d DCA 1998) (holding that a verdict that fails to award noneconomic damages, despite awarding economic damages for injuries arising out of the accident, is “neither inconsistent nor inadequate unless the evidence of intangible damages is e…
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Garrett v. Miami Transfer Co., Inc., 964 So. 2d 286 (Fla. 4th DCA 2007)…J., dissenting) (noting that under the majority’s decision, an award of future palliative care does not require an award of future pain and suffering damages, even though such award indicates at least some future pain); Allstate Indem. Co. v. Clark, 736 So. 2d 1 (Fla. 2d DCA 1998) (where evidence was disputed as to need for future medical expenses and future pain and suffering, court did not abuse its discretion in denying motion for additur/new trial); Gebis v. Oaks Condo. Ass’n, 937 So. 2d 1284 (Fla. 4th…
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- Nordelo v. State, 603 So. 2d 36 (Fla. 3d DCA 1992)
- Smart v. State, 652 So. 2d 448 (Fla. 3d DCA 1995)
- Fraley v. State, 641 So. 2d 128 (Fla. 3d DCA 1994)