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DARDEN v. STATE

No. 74-152.

306 So.2d 581 (1975)

Willie Jasper DARDEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 24, 1975.

Attorney(s) appearing for the Case

James A. Gardner, Public Defender, Sarasota, Harold H. Moore, Asst. Public Defender, and Steven H. Denman, Legal Intern, Bradenton, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Mary Jo M. Gallay, Asst. Atty. Gen., Tampa, for appellee.

McNULTY, Chief Judge.

Following pleas of nolo contendere, and pursuant to negotiations, appellant was sentenced to a general twenty year sentence for convictions of robbery, assault with intent to commit first degree murder with firearms and use of a firearm while committing a felony.

The sentencing insofar as it was for use of a firearm in commission of a felony was improper, being part of the same transaction as the robbery.1

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