HERNANDEZ v. STATE

No. 89-2218.

574 So.2d 1218 (1991)

Arcelio HERNANDEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 26, 1991.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Robert Kalter, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Ivy R. Ginsberg, Asst. Atty. Gen., for appellee.

Before NESBITT, JORGENSON and LEVY, JJ.


PER CURIAM.

The State correctly concedes that "[t]he conviction and sentence for aggravated assault should be vacated because the facts supporting the act charged, i.e., the co-defendant jammed the edge of the shotgun into the victim's head immediately following the taking, constituted a continuous series of acts and events under the statutory definition of robbery". See Section 812.13(3)(b), Florida Statutes (1987).

The State further agrees that "the...

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