Hardwick v. State

RAWLS, Judge.

Appellant-defendant Hardwick poses two points on appeal:

Did the trial court commit fundamental error by adjudicating appellant guilty of first degree murder and sentencing him to life imprisonment within the meaning of Section 775.082(1), F.S., where appellant was charged and found guilty of second degree murder within the meaning of Section 782.04(2), F.S.

Did the trial court commit fundamental error when it adjudicated appellant guilty of robbery and imposed a sentence for that crime where the robbery arose out of the same episode as the felony murder and therefore merged with…