Opinion
No. 87-972.
May 13, 1988.
An Appeal from the Circuit Court for Suwannee County; Royce Agner, Judge.
Michael E. Allen, Public Defender, and Sharon Bradley and P. Douglas Brinkmeyer, Asst. Public Defenders, Tallahassee, for appellant.
Robert A. Butterworth, Atty. Gen., and William A. Hatch, Asst. Atty. Gen., for appellee.
Appellant's convictions for both robbery with a deadly weapon and display of a weapon during the commission of a felony are contrary to Hall v. State, 517 So.2d 678 (Fla. 1988). We therefore vacate the conviction for the lesser offense of display of a weapon during the commission of a felony, see State v. Barton, 523 So.2d 152, 13 F.L.W. 238 (Fla. 1988), and remand for resentencing. The convictions for aggravated battery and robbery with a deadly weapon are affirmed.
AFFIRMED in part; REVERSED in part.
SHIVERS and JOANOS, JJ., concur.