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542 So. 2d 1371

Docket No. 88-1579.

Waters v. State

Willie J. WATERS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1989-05-16

Relies on 515 So. 2d 161 - Carawan v. State

Decided 1989-05-16

¶1Bennett H. Brummer, Public Defender, and N. Joseph Durant, Jr., Asst. Public Defender, for appellant.

¶2Robert A. Butterworth, Atty. Gen., and Joni B. Braunstein, Asst. Atty. Gen., for appellee.

¶3Before SCHWARTZ, C.J., and HUBBART and BASKIN, JJ.

¶4PER CURIAM.

¶5We affirm the robbery and grand theft convictions under review upon a holding that these convictions are not based, as urged, on the same underlying act — but, on the contrary, arise out of two separate acts of the defendant Willie J. Waters: (1) obtaining the victim's watch and money by fear (robbery), and (2) driving off with the victim's car after the victim abandoned the car and escaped from the defendant's presence (grand theft). This being so, the rule stated in Carawan v. State, 515 So.2d 161, 170 (Fla. 1987), is inapplicable to the instant case.

¶6Affirmed.

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