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339 So. 2d 693

Phipps v. State

District Court of Appeal of Florida

Decided November 19, 1976

District Court of Appeal of Florida · decided 1976-11-19

Relies on 285 So. 2d 12 - Cone v. State

Decided 1976-11-19

PER CURIAM.

¶1Appellant was adjudicated guilty of robbery, conspiracy, and possession of a firearm in the commission of a felony. He received sentences of twenty-five years on the robbery, five years on the conspiracy, and five years on the possession of a firearm in the commission of a felony count.

¶2On authority of Cone v. State, 285 So.2d 12 (Fla.1973), we reverse the imposition of a sentence on the firearm count and remand with directions that the sentence below be amended by eliminating therefrom that part imposing a sentence of five years on this count. In all other respects the judgments and sentences are affirmed.

McNULTY, C. J., and BOARDMAN and GRIMES, JJ., concur.
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