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399 So. 2d 452

Brown v. State

District Court of Appeal of Florida · decided 1981-06-03

Relies on 375 So. 2d 836 - State v. Pinder · 391 So. 2d 776 - Hillery v. State

Decided 1981-06-03

PER CURIAM.

¶1The defendant herein was found guilty of first degree murder and robbery with a firearm. He was convicted of both crimes but sentenced on only the murder conviction. In accordance with Hillery v. State, 391 So.2d 776 (Fla. 4th DCA 1980), we hold that the conviction of robbery with a firearm was improper. Defendant’s conviction and sentence on first degree murder are thus affirmed and the conviction on robbery with a firearm is hereby vacated. See State v. Pinder, 375 So.2d 836 (Fla.1979). We find all other points raised by defendant to be without merit.

¶2AFFIRMED IN PART AND REVERSED IN PART.

LETTS, C. J., and MOORE and BERA-NEK, JJ., concur.
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