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623 So. 2d 777

Docket No. 92-1372.

Horne v. State

Morris Alexander HORNE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided August 18, 1993.

Rehearing Denied September 30, 1993.

District Court of Appeal of Florida · decided 1993-08-18

Cited by 5 later decisions — most recently November 2004

5 state decisions

Key passage — most relied on by later courts

“[t]here was little or no temporal or geographic break between the two takings”

quoted by 2 later decisions, including 808 So. 2d 201 - Cruller v. State, 730 So. 2d 728 - Ward v. State

Relies on 603 So. 2d 36 - Nordelo v. State · 407 So. 2d 962 - Morgan v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1993-08-18

View the full empirical analysis of this case →

¶1Robert L. Corse of Corse & Bell, Jacksonville, for appellant.

¶2Robert A. Butterworth, Atty. Gen.; Amelia L. Beisner, Asst. Atty. Gen., and Michael W. Zarlenga, Certified Legal Intern, Tallahassee, for appellee.

¶3PER CURIAM.

¶4Morris Alexander was convicted of five counts of armed robbery and six counts of armed kidnapping. Appellant raises a number of issues on appeal, only one of which has merit: whether two of the robbery counts involving the same victim constituted one crime. The first two counts of the information involved property taken from one individual. The separate counts resulted because some of the property belonged to the individual and some belonged to her employer. There was little or no temporal or geographic break between the two takings. Under these circumstances, there is only one robbery. See Nordello v. State,603 So.2d 36 (Fla. 3d DCA 1992); Morgan v. State,407 So.2d 962 (Fla. 4th DCA 1981). We therefore reverse the conviction for one of the robbery counts, and on remand direct that the trial court shall vacate either the conviction and sentence as to count I or II of the information. In all other respects, the convictions and sentences are affirmed.

¶5SMITH, WOLF and MICKLE, JJ., concur.

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