DAVIS v. STATE

No. 84-1285.

453 So.2d 196 (1984)

Michael DAVIS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

July 24, 1984.


Attorney(s) appearing for the Case

Michael Davis, in pro. per.

Jim Smith, Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and BARKDULL and JORGENSON, JJ.


PER CURIAM.

The appellant has taken this appeal from an order of the trial court summarily denying his motion to vacate filed pursuant to Rule 3.850 Florida Rules of Criminal Procedure. In his motion to vacate the appellant contended the trial court erred in sentencing him to two consecutive three year minimum mandatory sentences for use of a firearm in the commission of a robbery and a kidnapping both of which occurred in the same transaction. We reverse.

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