WOODY FLOYD TAYLOR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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McCORD, Judge.
Appellant was found guilty by jury and adjudicated guilty of seven crimes — two counts of grand larceny, two counts of using a firearm while committing or attempting to commit a felony, two counts of robbery and one count of sexual battery. He was sentenced only on the two counts of robbery and the one count of sexual battery. The two counts of grand larceny were lesser included offenses of the two counts of robbery. It was error for the trial judge"to adjudicate appellant guilty of the two lesser included offenses (grand larceny) as they were a part of the higher robbery offenses for which appellant had been convicted. The judgments as to the grand larceny offenses are reversed and the judgments and sentences as to the remaining offenses are affirmed.
RAWLS, Acting C. J., and SMITH, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Kimbrough v. State, 356 So. 2d 1294 (Fla. 4th DCA 1978)…dez v. State, 278 So. 2d 307 (Fla.2d DCA 1973), the judgment and sentence for assault and commission of a felony with a firearm, were vacated and set aside where the defendant was also convicted of robbery. Similarly, it was held in Taylor v. State, 330 So. 2d 44 (Fla. 1st DCA 1976), that the trial court erred in adjudicating defendant guilty of two lesser included offenses of grand larceny which were part of higher robbery offenses for which defendant was also convicted. See also Sloan v. State, 323 So. 2d…
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McCLENDON v. State, 372 So. 2d 1161 (Fla. 1st DCA 1979)…497 (Fla. 2d DCA 1978); Purvis v. State, 370 So. 2d 32 (Fla. 2d DCA 1978), Opinion filed 1979. In Brown v. State, 206 So. 2d 377, 383 (Fla.1968), the court held that larceny is necessarily included in the crime of robbery. See also Taylor v. State, 330 So. 2d 44 (Fla. 1st DCA 1976). Although the state’s information charged that only money was taken during the Miller robbery, the evidence showed that the items listed in the grand larceny count were taken during the same continuous sequence of events, and the…
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Hegstrom v. State, 388 So. 2d 1308 (Fla. 3d DCA 1980)…y), with Heisterman v. State, 327 So. 2d 839 (Fla. 3dDCA 1976); and Sloan v. State, 323 So. 2d 278 (Fla. 2dDCA 1975) (setting aside the judgment). Only Kimbrough v. State, 356 So. 2d 1294 (Fla. 4thDCA 1978), and, to a lesser extent, Taylor v. State, 330 So. 2d 44 (Fla. IstDCA 1976), openly addressed the validity vel non of the judgment and concluded that the judgment could not stand. While the United States Supreme Court had held that the double jeopardy clause protected [*1310] against multiple punishments…
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