From Casetext: Smarter Legal Research

Morgan v. State

District Court of Appeal of Florida, Fourth District
Jan 21, 1982
407 So. 2d 962 (Fla. Dist. Ct. App. 1982)

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. State

Opinion

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.


Summaries of

Morgan v. State

District Court of Appeal of Florida, Fourth District
Jan 21, 1982
407 So. 2d 962 (Fla. Dist. Ct. App. 1982)

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. State
Case details for

Morgan v. State

Case Details

Full title:ROBERT MORGAN, JR., APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Jan 21, 1982

Citations

407 So. 2d 962 (Fla. Dist. Ct. App. 1982)

Citing Cases

State v. Whitmore

The Eastern District's holding in White, to the effect that only one robbery occurs if a defendant robs a…

Horne v. State

Under these circumstances, there is only one robbery. See Nordello v. State, 603 So.2d 36 (Fla. 3d DCA 1992);…