Legal Opinion

Seay v. State

District Court of Appeal of Florida

Decided August 16, 1989No. 87-02204Published

1Opinion of the Court

FRANK, Judge.

The appellant was convicted of armed robbery, burglary, grand theft, and aggravated battery after he and a cohort entered the victim’s dwelling, battered him about the head with an axe handle and a steel bar, and stole money from a safe. Of the issues raised, we find merit only in the contention that the appellant was improperly convicted of grand theft for the same stolen money that was the object of the armed robbery. We recently addressed this identical issue in Kelly v. State, 546 So.2d 441 (Fla. 2d DCA 1989), and concluded, on the authority of Carawan v. State, 515 So.2d 161…

2Cases cited3 opinions

  1. Carawan v. StateSupreme Court of Florida · 1987
  2. State v. SmithSupreme Court of Florida · 1989
  3. Kelly v. StateDistrict Court of Appeal of Florida · 1989

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