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COOPER v. STATE

No. 97-2000.

727 So.2d 266 (1998)

Timothy Leroy COOPER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

January 28, 1998.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Harvey J. Sepler, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Christine E. Zahralban, Assistant Attorney General, for appellee.

Before NESBITT and GODERICH, JJ., and BARKDULL, Senior Judge.

CONFESSION OF ERROR

PER CURIAM.

As the State properly concedes, the trial court erred by adjudicating the defendant, Timothy Leroy Cooper, guilty of both robbery with a firearm, section 812.13(2)(b), Florida Statutes (1995), and unlawful possession of a firearm while engaged in a criminal offense, section 790.07(2), Florida Statutes (1995). Cleveland v. State, 587 So.2d 1145 (Fla.1991) ("[W]hen a robbery...

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