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MOORE v. DUGGER

No. 87-180.

504 So.2d 493 (1987)

Elvin Lee MOORE, Petitioner, v. Richard L. DUGGER, Director, Florida Department of Corrections and Offender Rehabilitation, Respondent.

District Court of Appeal of Florida, Third District.

March 24, 1987.

Attorney(s) appearing for the Case

Elvin Lee Moore, in pro. per.

Robert A. Butterworth, Atty. Gen., and Michele L. Crawford, Asst. Atty. Gen., for respondent.

Before HUBBART, FERGUSON and JORGENSON, JJ.

PER CURIAM.

We hold, and the State concedes, that the defendant's conviction for robbery, predicated on the same petit theft for which he was previously convicted and sentenced, cannot stand.1 See State v. Rodriquez, 500 So.2d 120 (Fla. 1986).

Habeas Corpus is granted. The conviction and sentence for robbery are vacated, and the cause is remanded for...

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