Watson v. State

Full title: STEPHEN RICHARD WATSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Jan 7, 1981

392 So. 2d 60 (Fla. Dist. Ct. App. 1981)

Opinion

No. 80-372.

January 7, 1981.

Appeal from Circuit Court, Orange County; Frank N. Kaney, Judge.

James B. Gibson, Public Defender, and James R. Wulchak, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and C. Michael Barnette, Asst. Atty. Gen., Daytona Beach, for appellee.

SHARP, Judge.

Both parties agree that error was committed when appellant was sentenced pursuant to a plea agreement to both first degree felony murder and the underlying felony of armed robbery. On the authority of State v. Pinder, 375 So.2d 836 (Fla. 1979), we vacate the judgment and sentence for armed robbery.

ORFINGER and COWART, JJ., concur.