Butts v. State

419 So. 2d 384, 1982 Fla. App. LEXIS 21171

Opinion

PER CURIAM.

We affirm the convictions and sentences in all respects except for the sentence imposed in count eight of the information which is a lesser included offense of count two of the information, armed robbery. Multiple sentences for a lesser included offense are precluded by State v. Monroe, 406 So.2d 1115 (Fla.1981); State v. Hegstrom, 401 So.2d 1343 (Fla.1981); Section 775.-021(4), Florida Statutes (1979).

Consistent with our certification in Marshall v. State, 413 So.2d 872 (Fla.3d DCA 1982), we certify to the Supreme Court as a matter of great public importance the question of whether the trial court is empowered to impose separate punishments for the statutory offenses relating to the use of a firearm during the commission of a felony and the commission of that same felony by the use of a firearm.

Affirmed in part, reversed in part and remanded with directions to vacate the sentence only for unlawful possession of a firearm.