SMART v. STATE

No. 94-2055.

652 So.2d 448 (1995)

Eduardo SMART, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 22, 1995.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Rosa C. Figarola, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen. and Linda S. Katz, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and BARKDULL and BASKIN, JJ.


SCHWARTZ, Chief Judge.

Smart accosted the victim at an A.T.M. and, at gunpoint, robbed him of his jewelry and wallet. After an accomplice struck the victim, the defendant drove off with his car. We hold, contrary to the appellant's sole contention, that, under these circumstances, he was properly convicted and sentenced for both armed robbery of the personal effects under section 812.13(2)(a), (b), Florida Statutes (1993), and the armed carjacking of a different item...

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