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MACK v. STATE

No. 91-1792.

608 So.2d 897 (1992)

Roderick Glenn MACK, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 10, 1992.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Benjamin S. Waxman, Special Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Joan L. Greenberg, Asst. Atty. Gen., for appellee.

Before NESBITT, LEVY and GERSTEN, JJ.

PER CURIAM.

Upon our consideration of the record and the state's confession of error, we reverse in part the convictions ordered below and vacate in part the sentences imposed.

First, when a robbery conviction is enhanced because of the use of a firearm in the robbery, the single act with the same firearm cannot form the basis for a separate conviction and sentence. Stripling v. State, 602 So.2d 663 (Fla. 3d DCA 1992...

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