Summary
In Morgan v. State, 407 So.2d 962 (Fla. 4th DCA 1981), this court held that where one individual had property taken from him, and some of the property was his and some was that of his employer, there was only one robbery.
Summary of this case from Anderson v. StateOpinion
No. 80-1546.
December 9, 1981. Rehearing Denied January 21, 1982.
Appeal from the Circuit Court, Broward County, Thomas M. Coker, J.
Richard L. Jorandby, Public Defender and Tatjana Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Ondina Felipe, Asst. Atty. Gen., West Palm Beach, for appellee.
Robert Morgan, Jr. was convicted of two counts of armed robbery and one count of battery, and was sentenced accordingly. The armed robbery counts involve only one individual in one incident, although some money was taken that belonged to the individual and additional money was taken which was under the custody and control of that individual but which was owned by his employer. Under such circumstances there is only one robbery. Hearn v. State, 55 So.2d 559 (Fla. 1951).
We therefore affirm one of the convictions for armed robbery and the battery conviction. The second robbery conviction is stricken, the sentence is vacated and the cause is remanded for resentencing.
AFFIRMED IN PART; REVERSED IN PART; AND REMANDED FOR RESENTENCING.
LETTS, C.J., and HERSEY and HURLEY, JJ., concur.