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504 So. 2d 493

504 So.2d 493

12 Fla.L.Weekly 843

Moore v. Dugger

District Court of Appeal of Florida · decided 1987-03-24

Relies on 500 So. 2d 120 - State v. Rodriquez · 468 So. 2d 1081 - Moore v. State

Decided 1987-03-24

PER CURIAM.

¶1We hold, and the State concedes, that the defendant’s conviction for robbery, predicated on the same petit theft for which he was previously convicted and sentenced, cannot stand.1See State v. Rodriquez, 500 So.2d 120 (Fla.1986).

¶2Habeas Corpus is granted. The conviction and sentence for robbery are vacated, and the cause is remanded for resentenc-ing.

¶3. On direct appeal we affirmed the defendant’s convictions and sentences for burglary, robbery and battery. In affirming the robbery conviction we held that a prior conviction of the "necessarily-included petty larceny offense ... is not supported in this record by the necessary showing that a previous conviction of the necessarily-included offense in fact occurred.” Moore v. State, 468 So.2d 1081 (Fla. 3d DCA 1985). The record now contains proof of the prior conviction.

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