Biglow v. State

District Court of Appeal of Florida

Biglow v. State

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

CourtDistrict Court of Appeal of Florida

DecidedNovember 13, 1996

DocketNo. 95-2647

StatusPublished

This text of 683 So. 2d 176 (Biglow v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Biglow v. State, 683 So. 2d 176, 1996 Fla. App. LEXIS 11954, 1996 WL 661732 (Fla. Ct. App. 1996).

Pincite

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 [177]*177conviction 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.

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