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623 So. 2d 858

Docket Nos. 92-2781, 92-2819.

Freeman v. State

Melvin FREEMAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided September 15, 1993.

District Court of Appeal of Florida · decided 1993-09-15

Cited by 1 later decisions — most recently January 2000

1 state decisions

Relies on 520 So. 2d 582 - King v. State · 538 So. 2d 820 - Chestnut v. State · 601 So. 2d 219 - State v. Johnson

Good law ✅— No negative treatment on recordhow we know

Decided 1993-09-15

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¶1Richard L. Jorandby, Public Defender, and Cherry Grant, Asst. Public Defender, West Palm Beach, for appellant.

¶2Robert A. Butterworth, Atty. Gen., Tallahassee, and John Tiedemann, Asst. Atty. Gen., West Palm Beach, for appellee.

¶3*859 PER CURIAM.

¶4This is an appeal by the defendant, Melvin Freeman, from his convictions of armed robbery, aggravated assault and petit theft. We reverse the petit theft conviction as it is a category-one necessarily lesser-included offense of armed robbery. Chestnut v. State,538 So.2d 820 (Fla. 1989); J.C.B. v. State,512 So.2d 1073 (Fla. 1st DCA 1987), rev. denied,520 So.2d 586 (Fla. 1988). A defendant may not be convicted of both an offense and its category-one necessarily lesser-included offenses. State v. Johnson,601 So.2d 219 (Fla. 1992).

¶5We affirm the other points raised on appeal.

¶6AFFIRMED IN PART; REVERSED IN PART.

¶7STONE and WARNER, JJ., and WALDEN, JAMES H., Senior Judge, concur.

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