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HAWKES v. STATE

No. 95-2915.

677 So.2d 103 (1996)

Johnny Carlton HAWKES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

July 26, 1996.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Anthony J. Hall, Assistant Attorney General, Daytona Beach, for Appellee.

HARRIS, Judge.

Johnny Carleton Hawkes1 and others were involved in a bank robbery in which $20,000 was taken. Hawkes was convicted of both armed robbery and grand theft of the $20,000. He appeals contending that he cannot be convicted of both offenses based on the same act of taking the cash by force.

The state concedes that Sirmons v. State, 634 So.2d 153

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