Spikes v. State

RYDER, Judge.

Leonard Paul Spikes appeals from his conviction of robbery with the use of a firearm, and use of a firearm in commission of a felony. We affirm the judgments against the defendant, but find it necessary to remand this case to the trial court with directions to set aside the sentence for use of a firearm in commission of a felony.

The defendant was charged by a two-count information with robbery with a firearm, in violation of Section 812.13, Florida Statutes (1977), and with use of a firearm in the commission of a felony, a violation of Section 790.07, Florida Statutes (1977).…