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Waters v. State

District Court of Appeal of Florida, Third District
May 16, 1989
542 So. 2d 1371 (Fla. Dist. Ct. App. 1989)

Summary

concluding that when the defendant obtained the victim's watch and money by fear — robbery — and then drove off in the victim's car after the victim fled — grand theft — he committed two acts rather than one

Summary of this case from Howard v. State

Opinion

No. 88-1579.

May 16, 1989.

Appeal from the Circuit Court, Dade County, Ronald J. Friedman, J.

Bennett H. Brummer, Public Defender, and N. Joseph Durant, Jr., Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Joni B. Braunstein, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and HUBBART and BASKIN, JJ.


We affirm the robbery and grand theft convictions under review upon a holding that these convictions are not based, as urged, on the same underlying act — but, on the contrary, arise out of two separate acts of the defendant Willie J. Waters: (1) obtaining the victim's watch and money by fear (robbery), and (2) driving off with the victim's car after the victim abandoned the car and escaped from the defendant's presence (grand theft). This being so, the rule stated in Carawan v. State, 515 So.2d 161, 170 (Fla. 1987), is inapplicable to the instant case.

Affirmed.


Summaries of

Waters v. State

District Court of Appeal of Florida, Third District
May 16, 1989
542 So. 2d 1371 (Fla. Dist. Ct. App. 1989)

concluding that when the defendant obtained the victim's watch and money by fear — robbery — and then drove off in the victim's car after the victim fled — grand theft — he committed two acts rather than one

Summary of this case from Howard v. State
Case details for

Waters v. State

Case Details

Full title:WILLIE J. WATERS, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: May 16, 1989

Citations

542 So. 2d 1371 (Fla. Dist. Ct. App. 1989)

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