Opinion
No. 95-2915.
July 26, 1996.
Appeal from the Circuit Court for Orange County, Reginald K. Whitehead, Judge.
James B. Gibson, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Anthony J. Hall, Assistant Attorney General, Daytona Beach, for Appellee.
Johnny Carleton Hawkes and others were involved in a bank robbery in which $20,000 was taken. Hawkes was convicted of both armed robbery and grand theft of the $20,000. He appeals contending that he cannot be convicted of both offenses based on the same act of taking the cash by force.
We are advised by appellant's brief that the correct spelling of his name is Hawks.
The state concedes that Sirmons v. State, 634 So.2d 153 (Fla. 1994), so holds and is controlling in this case.
REVERSED and REMANDED.
COBB and W. SHARP, JJ., concur.