Opinion
Nos. 74-1014, 74-1015.
June 18, 1975. Rehearing Denied July 22, 1975.
Appeal from the Circuit Court, Lee County, James R. Adams, J.
James A. Gardner, Public Defender, Sarasota, Catherine W. Slocum, and Harold H. Moore, Asst. Public Defenders, Bradenton, for appellants.
Robert L. Shevin, Atty. Gen., Tallahassee, Robert J. Landry and Davis G. Anderson, Jr., Asst. Attys. Gen., Tampa, for appellee.
Appellants were tried together and convicted of conspiracy with intent to commit robbery, robbery and second-degree felony-murder. Having examined the points raised by appellants in their appeal, this court has determined them to be without merit. However, the robbery which was being committed when the murder occurred was the same robbery for which appellants were convicted. Upon conviction of felony-murder, the robbery merged therein. Accordingly, the judgments of conviction for robbery are hereby set aside. Adams v. State, Fla.App. 2d 1975, 310 So.2d 782. See also Hernandez v. State, Fla.App. 2d 1973, 278 So.2d 307.
The remaining judgments are affirmed.
GRIMES and SCHEB, JJ., concur.
BOARDMAN, A.C.J., concurs in part; dissents in part.
I affirm that part of the majority opinion which determines that the points raised by appellants in their consolidated appeals are without merit.
For the reasons set out in my dissenting opinion in Adams v. State, Fla.App. 2d 1975, 310 So.2d 782, I dissent from that part of the opinion that sets aside the judgments of conviction for robbery.