Cooper v. State, 524 So. 2d 738

MILLS, Judge.

Appellant‘s convictions for both robbery with a deadly weapon and display of a weapon during the commission of a felony are contrary to Hall v. State, 517 So. 2d 678 (Fla. 1988). We therefore vacate the conviction for the lesser offense of display of a weapon during the commission of a felony, see State v. Barton, 523 So. 2d 152, 13 F.L.W. 238 (Fla. 1988), and remand for resentencing. The convictions for aggravated battery and robbery with a deadly weapon are affirmed.

AFFIRMED in part; REVERSED in part.

SHIVERS and JOANOS, JJ., concur.

Case Details

Case Name: Cooper v. State

Court Name: District Court of Appeal of Florida

Date Published: May 13, 1988

Citations: 524 So. 2d 738; 1988 WL 47259; 87-972

Docket Number: 87-972

Court Abbreviation: Fla. Dist. Ct. App.