SMITH v. STATE

No. 78-1586.

386 So.2d 1298 (1980)

Willie James SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 20, 1980.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Mark Horn, Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

We have reviewed all of appellant's points on appeal and find no error demonstrated except the conviction and sentence of appellant on Count IV of the indictment. The aggravated assault upon Mrs. Johns was an element of the crime of robbery of Mrs. Johns. Since appellant was convicted and sentenced for that robbery, he can not also be convicted and sentenced on the lesser included offense.

Accordingly, we affirm the judgment and sentence in all...

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