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CLEVELAND v. STATE

No. 89-2450.

574 So.2d 289 (1991)

Quinten CLEVELAND, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 14, 1991.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Glen P. Gifford, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and David S. Morgan, Asst. Atty. Gen., Daytona Beach, for appellee.

DAUKSCH, Judge.

This is an appeal from a judgment and a sentence.

Appellant was convicted of attempted armed robbery and use of a firearm in the commission of a felony, the attempted armed robbery. He alleges a double jeopardy violation. It is not.

We find that defendant was properly convicted of and sentenced for the two crimes of attempted armed robbery with a firearm, sections 812.13(1) and (2)(a) and 777.04, Florida Statutes (1989) and use of a...

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