Becerril v. State

District Court of Appeal of Florida

Becerril v. State

569 So. 2d 515, 1990 Fla. App. LEXIS 8116, 1990 WL 159677

District Court of Appeal of Florida·Decided October 23, 1990·No. No. 90-76·Published

Opinion

PER CURIAM.

In addition to being convicted of first degree murder with a firearm, the appellant was also convicted of unlawful possession of the same firearm. As announced in the following authorities, Carawan v. State, 515 So.2d 161 (Fla.1987); Jones v. State, 547 So.2d 1278 (Fla. 3d DCA 1989); Gonzalez v. State, 543 So.2d 386 (Fla. 2d DCA 1989), the possession conviction cannot stand.

Therefore, the conviction, judgment, and sentence for possession of a firearm while committing a criminal offense, be and the same are hereby reversed and set aside with directions to the trial court to eliminate said conviction and sentence from the sentencing papers.

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PER CURIAM.

In addition to being convicted of first degree murder with a firearm, the appellant was also convicted of unlawful possession of the same firearm. As announced in the following authorities, Carawan v. State, 515 So.2d 161 (Fla.1987); Jones v. State, 547 So.2d 1278 (Fla. 3d DCA 1989); Gonzalez v. State, 543 So.2d 386 (Fla. 2d DCA 1989), the possession conviction cannot stand.

Therefore, the conviction, judgment, and sentence for possession of a firearm while committing a criminal offense, be and the same are hereby reversed and set aside with directions to the trial court to eliminate said conviction and sentence from the sentencing papers.

Becerril v. State, 569 So. 2d 515, 1990 Fla. App. LEXIS 8116, 1990 WL 159677 (Fla. Ct. App. 1990).

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