Biglow v. State

683 So. 2d 176, 1996 Fla. App. LEXIS 11954, 1996 WL 661732

Opinion

CONFESSION OF ERROR

PER CURIAM.

The defendant, Lafayette Biglow, appeals an order denying his motion for judgment of acquittal. We reverse based upon the State’s proper confession of error.

Where a defendant is charged with unlawful display of a firearm during the commission of a felony and found not guilty by reason of insanity of the underlying felony, a conviction for display of the firearm cannot stand and an acquittal must be entered. See State v. Powell, 674 So.2d 781 (Fla.1996); Redondo v. State, 408 So.2d 954 (Fla.1981); Ayrado v. State, 431 So.2d 320 (Fla. 3d DCA 1983).

Reversed.