Baker v. State

Full title: JOHNNY BAKER, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Nov 25, 1981

405 So. 2d 1010 (Fla. Dist. Ct. App. 1981)

Opinion

No. 80-1620.

October 13, 1981. Rehearing Denied November 25, 1981.

Appeal from Circuit Court, Dade County; Dick C.P. Lantz, Judge.

Bennett H. Brummer, Public Defender and Mary Catherine Bonner, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Theda R. James, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, NESBITT and FERGUSON, JJ.

PER CURIAM.

The defendant's conviction of first degree murder and the underlying felony from which the murder resulted are affirmed, but the separate sentence for the underlying felony of robbery is vacated. State v. Hegstrom, 401 So.2d 1343 (Fla. 1981).

As modified, the defendant's judgment of conviction and sentence are affirmed.