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458 So. 2d 1136

458 So.2d 1136

9 Fla.L.Weekly 2015

Small v. State

District Court of Appeal of Florida

Decided September 19, 1984

District Court of Appeal of Florida · decided 1984-09-19

Relies on Harris v. Oklahoma · 437 So. 2d 1057 - Bell v. State · 375 So. 2d 836 - State v. Pinder

Good law ✅— No negative treatment on recordhow we know

Decided 1984-09-19

How this case has been cited

Cited by 9 later decisions — most recently March 2005

1 federal appellate · 6 state decisions

60198419902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1The defendant appeals his convictions and sentences for felony-murder, attempted robbery of a purse and armed robbery of an automobile. Recognizing that the double jeopardy clause prohibits multiple convictions and sentences for greater and lesser included offenses, see Bell v. State, 437 So.2d 1057 (Fla.1983), and that at least one of the underlying felonies must be deemed a necessarily lesser included offense of felony-murder, see Harris v. Oklahoma, 433 U.S. 682, 97 S.Ct. 2912, 53 L.Ed.2d 1054 (1977); Scott v. State, 453 So.2d 798 (Fla.1984); Snowden v. State, 449 So.2d 332 (Fla. 5th DCA 1984); Jones v. State, 452 So.2d 643 (Fla. 4th DCA 1984), we vacate the defendant’s conviction and sentence for the less serious offense of attempted robbery. See Pinder v. State, 366 So.2d 38 (Fla. 2d DCA 1978), affd, 375 So.2d 836 (Fla.1979).

¶2We have reviewed the other points on appeal and find them to be without merit. Accordingly, we affirm the convictions and sentences for felony-murder and armed robbery, but reverse the defendant’s conviction and sentence for attempted robbery.

¶3AFFIRMED IN PART; REVERSED IN PART.

LETTS, HERSEY and HURLEY, JJ., concur.
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