Cooper v. State

Gary Douglas COOPER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided May 13, 1988.

District Court of Appeal of Florida · decided 1988-05-13

Cited by 5 later decisions — most recently August 1989

5 state decisions

Relies on Hall v. State · 523 So. 2d 152 - State v. Barton

Good law ✅— No negative treatment on recordhow we know

Decided 1988-05-13

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¶1Michael E. Allen, Public Defender, and Sharon Bradley and P. Douglas Brinkmeyer, Asst. Public Defenders, Tallahassee, for appellant.

¶2Robert A. Butterworth, Atty. Gen., and William A. Hatch, Asst. Atty. Gen., for appellee.

¶3MILLS, Judge.

¶4Appellant's convictions for both robbery with a deadly weapon and display of a weapon during the commission of a felony are contrary to Hall v. State,517 So.2d 678 (Fla. 1988). We therefore vacate the conviction for the lesser offense of display of a weapon during the commission of a felony, see State v. Barton,523 So.2d 152, 13 F.L.W. 238 (Fla. 1988), and remand for resentencing. The convictions for aggravated battery and robbery with a deadly weapon are affirmed.

¶5 *739 AFFIRMED in part; REVERSED in part.

¶6SHIVERS and JOANOS, JJ., concur.