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WOOTEN v. STATE

No. 78-1622.

404 So.2d 1072 (1981)

Rodney WOOTEN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 16, 1981.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Ronald A. Dion, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and James H. Greason, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, NESBITT and BASKIN, JJ.

SCHWARTZ, Judge.

The defendant was charged with the armed robbery of Charles Philp and, under Section 790.07(2), Florida Statutes (1975), with the separate crime of the possession of a firearm in the commission of that robbery.1 The jury found him guilty of petty larceny, a misdemeanor, as a lesser included offense of the robbery count, and guilty as charged on the possession count. In this appeal Wooten contends that the latter adjudication...

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