BROWN v. STATE

No. 79-344.

392 So.2d 329 (1981)

Marshall BROWN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

January 7, 1981.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender and Douglas Duncan, Legal Intern, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Stewart J. Bellus, Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

The convictions for armed robbery and conspiracy to commit a felony are affirmed. We reverse the conviction for grand larceny which arose out of the robbery. The trial judge recognized that the larceny was a lesser included offense of the robbery and withheld imposition of sentence. Nevertheless, a defendant cannot be convicted of a lesser included offense and the higher offense arising out of the same transaction. The conviction for grand larceny is reversed...

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