Opinion
No. 93-3242.
October 5, 1995. Rehearing Denied December 4, 1995.
An appeal from the Circuit Court for Leon County; William L. Gary, Judge.
Nancy A. Daniels, Public Defender; Lynn A. Williams, Assistant Public Defender, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General; Thomas Crapps, Assistant Attorney General, Tallahassee, for Appellee.
Henry M. Barnum (Barnum) was convicted of armed robbery, attempted first-degree murder of a law enforcement officer, depriving a law enforcement officer of his weapon and grand theft, following a jury trial. Of the five issues raised on appeal, only one has merit.
The State concedes that Barnum's sentence for grand theft of a firearm should be set aside because he was also sentenced for robbery of the same firearm. Sirmons v. State, 634 So.2d 153 (Fla. 1994). We reverse and direct that Barnum's sentence for grand theft be vacated, but affirm all other issues.
AFFIRMED in part and REVERSED in part.
BOOTH and JOANOS, JJ., concur.