Dues v. State

Tommy Dues appeals summary denial of his motion for post-conviction relief. For the reasons described below, we affirm in part, reverse in part, and remand for further proceedings.

Dues was tried and convicted of armed robbery and grand theft of an automobile. His motion for post-conviction relief alleged that these two convictions violated double jeopardy. Appellant may be correct if the armed robbery conviction was based solely upon the taking of the automobile. Sirmons v. State, 634 So.2d 153 (Fla.1994). The trial court incorrectly concluded that this claim was barred because it could have…