SPIKES v. STATE

No. 79-439.

375 So.2d 63 (1979)

Leonard Paul SPIKES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 26, 1979.


Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, Michael S. Becker, Asst. Public Defender and Terry R. Heafner, Legal Intern, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.


RYDER, Judge.

Leonard Paul Spikes appeals from his conviction of robbery with the use of a firearm, and use of a firearm in commission of a felony. We affirm the judgments against the defendant, but find it necessary to remand this case to the trial court with directions to set aside the sentence for use of a firearm in commission of a felony.

The defendant was charged by a two-count information with robbery with a firearm, in violation of Section 812.13,...

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