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519 So. 2d 1157

Docket No. 87-736.

Wright v. State

Jerry WRIGHT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided February 18, 1988.

District Court of Appeal of Florida · decided 1988-02-18

Key passage — most relied on by later courts

“of aggravated assault with a deadly weapon, which is a necessarily lesser included offense of robbery with a firearm.”

quoted by 1 later decision, including 589 So. 2d 997 - Taylor v. State

Relies on 515 So. 2d 161 - Carawan v. State · Hall v. State · 452 So. 2d 927 - State v. Baker

Good law ✅— No negative treatment on recordhow we know

Decided 1988-02-18

How this case has been cited

Cited by 32 later decisions — most recently January 2013 · most notably Taylor v. State (1992), 621 So. 2d 723 - Sanders v. State (1993)

32 state decisions

1901988199020002010decided

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.

View the full empirical analysis of this case →

¶1James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

¶2Robert A. Butterworth, Atty. Gen., Tallahassee, and Paula C. Coffman, Asst. Atty. Gen., Daytona Beach, for appellee.

¶3COBB, Judge.

¶4This is an appeal from convictions for robbery with a firearm, aggravated assault with a deadly weapon and possession of a firearm in the commission of a felony.

¶5Appellant robbed a store and pointed a pistol at the clerk in the process. For this incident he was convicted of both armed robbery and aggravated assault with a deadly weapon. These dual convictions would have been proper under State v. Baker,452 So.2d 927 (Fla. 1984), wherein the Supreme Court of Florida held that aggravated assault with a deadly weapon was not a necessarily included lesser offense of armed robbery since the former requires use of a deadly weapon and the latter requires only that a deadly weapon be carried.

¶6In 1986, however, the Supreme Court of Florida overruled Baker sub silentio in Royal v. State,490 So.2d 44 (Fla. 1986) by holding that aggravated assault with a deadly weapon is a necessarily lesser included offense of robbery with a firearm. Therefore, Wright cannot be convicted of both the greater offense and a necessarily lesser included offense for one criminal act. This conclusion is buttressed by the language of the Supreme Court of Florida's majority opinion in Carawan v. State,515 So.2d 161 (Fla. 1987) relating to the doctrine of lenity and the "single evil" analysis of legislative intent.

¶7In the recent case of Hall v. State,517 So.2d 678 (Fla. 1988), the Florida Supreme Court, applying Carawan, held that convictions for both armed robbery under section 812.13(2)(a) and possession of a firearm while committing a felony per section 790.07(2) cannot stand for the single act of displaying or carrying a firearm while committing a robbery.

¶8The conviction for robbery with a firearm is affirmed; the convictions for aggravated assault and possession of a firearm are reversed.

¶9*1158 AFFIRMED in part; REVERSED in part; and REMANDED for resentencing.

¶10DAUKSCH and ORFINGER, JJ., concur.

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