STURDIVANT v. STATE

No. 1D08-6058.

84 So.3d 1044 (2010)

Robert N. STURDIVANT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

September 7, 2010.


Attorney(s) appearing for the Case

Nancy A. Daniels , Public Defender, and Paula S. Saunders , Assistant Public Defender, Tallahassee, for Appellant.

Bill McCollum , Attorney General, and Natalie D. Kirk , Assistant Attorney General, Tallahassee, for Appellee.


WEBSTER, J.

In this direct criminal appeal, appellant seeks review of his convictions and sentences for first-degree felony murder and aggravated child abuse, arguing that he could not be convicted of those offenses because of the common-law "merger doctrine." Because we conclude that we are constrained by precedent from our supreme court to apply the merger doctrine on the facts of this case, we reverse, and remand with directions that the trial court set aside the...

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