DAVIS v. STATE

No. 5D99-3362.

775 So.2d 427 (2001)

Tyrone DAVIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 12, 2001.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Rebecca M. Becker, Assistant Public Defender, Daytona Beach, for Appellant.

Tyrone Davis, Lowell, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee.


COBB, J.

The appellant, Tyrone Davis, was tried and convicted of robbery with a firearm and one count of grand theft, third degree. The grand theft was a lesser included offense of the robbery because there was a single taking. Taylor v. State, 751 So.2d 659 (Fla. 5th DCA 1999), rev. denied, 770 So.2d 161 (Fla.2000). This double jeopardy violation constitutes fundamental error. See Thomas v. State,

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