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SANDS v. STATE

No. 88-00168.

542 So.2d 436 (1989)

Paul L. SANDS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 26, 1989.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Brad Permar, Asst. Public Defender, Clearwater, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Peggy A. Quince, Asst. Atty. Gen., Tampa, for appellee.

FRANK, Judge.

The appellant, Paul L. Sands, appeals from convictions for robbery with a weapon and assault, alleging that the dual convictions constitute a double jeopardy violation. He is correct.

In Richardson v. State, 523 So.2d 746 (Fla. 5th DCA 1988), the fifth district was presented with an identical set of facts. The court ruled that the conviction for assault could not stand because it is a necessarily lesser...

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