623 So. 2d 858

Melvin FREEMAN, Appellant, v. STATE of Florida, Appellee.

Nos. 92-2781, 92-2819.

District Court of Appeal of Florida, Fourth District.

Sept. 15, 1993.

Richard L. Jorandby, Public Defender, and Cherry Grant, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and John Tiedemann, Asst. Atty. Gen., West Palm Beach, for appellee.

*859PER CURIAM.

This is an appeal by the defendant, Melvin Freeman, from his convictions of armed robbery, aggravated assault and petit theft. We reverse the petit theft conviction as it is a category-one necessarily lesser-included offense of armed robbery. Chestnut v. State, 538 So.2d 820 (Fla.1989); J.C.B. v. State, 512 So.2d 1073 (Fla. 1st DCA 1987), rev. denied, 520 So.2d 586 (Fla.1988). A defendant may not be convicted of both an offense and its category-one necessarily lesser-included offenses. State v. Johnson, 601 So.2d 219 (Fla.1992).

We affirm the other points raised on appeal.

AFFIRMED IN PART; REVERSED IN PART.

STONE and WARNER, JJ., and WALDEN, JAMES H., Senior Judge, concur.

Freeman v. State
623 So. 2d 858

Case Details

Name
Freeman v. State
Decision Date
Sep 15, 1993
Citations

623 So. 2d 858

Jurisdiction
Florida

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