Ambroa v. State

547 So. 2d 294, 14 Fla. L. Weekly 1875, 1989 Fla. App. LEXIS 4469, 1989 WL 88034
District Court of Appeal of Florida·Decided August 8, 1989·No. No. 87-2397·Published·Cited by 3 cases

Opinion

PER CURIAM.

Where a defendant’s conviction for second degree murder is enhanced due to the use of a firearm, the defendant cannot also be convicted for possession of that firearm in the commission of a felony where both charges arise from a single act. Smith v. State, 539 So.2d 601 (Fla. 3d DCA 1989); Henderson v. State, 526 So.2d 743 (Fla. 3d DCA 1988).

■ The conviction for possession of a firearm in the course of committing a felony is reversed and the cause is remanded for further proceedings.

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Ambroa v. State, 547 So. 2d 294, 14 Fla. L. Weekly 1875, 1989 Fla. App. LEXIS 4469, 1989 WL 88034 (Fla. Ct. App. 1989).

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Related

Goodman v. State
567 So. 2d 37 (District Court of Appeal of Florida, 1990)
Smith v. State
548 So. 2d 755 (District Court of Appeal of Florida, 1989)