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LATIMER v. STATE

No. 5D09-4316.

44 So.3d 1239 (2010)

Walter LATIMER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

October 1, 2010.

Attorney(s) appearing for the Case

James S. Purdy , Public Defender, and Noel A. Pelella , Assistant Public Defender, Daytona Beach, for Appellant.

Bill McCollum , Attorney General, Tallahassee, and Robin A. Compton , Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

We affirm, without discussion, Latimer's conviction for robbery with a deadly weapon. However, double jeopardy principles preclude Latimer's conviction for simple assault arising from the same criminal transaction. Robbery involves the "taking of money or other property . . . from the person or custody of another . . . when in the course of the taking there is the use of force, violence, assault or putting in fear." § 812.13, Fla. Stat. (2009...

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