De La Cruz v. State

District Court of Appeal of Florida

De La Cruz v. State

560 So. 2d 328, 1990 Fla. App. LEXIS 2807, 1990 WL 49828

CourtDistrict Court of Appeal of Florida

DecidedApril 24, 1990

DocketNo. 86-972

StatusPublished

Cited by1 cases

This text of 560 So. 2d 328 (De La Cruz 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

De La Cruz v. State, 560 So. 2d 328, 1990 Fla. App. LEXIS 2807, 1990 WL 49828 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

We find the conviction for possession of a firearm during the commission of a felony, § 790.07, Florida Statutes (1985), to be erroneous because the elements of that crime duplicate certain elements of the crime of second-degree murder with a firearm, § 782.04, Florida Statutes (1985), of which the defendant was also convicted. Hall v. State, 517 So.2d 678 (Fla.1988); Carawan v. State, 515 So.2d 161 (Fla.1987). Accordingly, the defendant’s conviction for possession of a firearm during the commission of a felony must be vacated. However, the second-degree murder conviction and sentence are affirmed.

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PER CURIAM.

We find the conviction for possession of a firearm during the commission of a felony, § 790.07, Florida Statutes (1985), to be erroneous because the elements of that crime duplicate certain elements of the crime of second-degree murder with a firearm, § 782.04, Florida Statutes (1985), of which the defendant was also convicted. Hall v. State, 517 So.2d 678 (Fla.1988); Carawan v. State, 515 So.2d 161 (Fla.1987). Accordingly, the defendant’s conviction for possession of a firearm during the commission of a felony must be vacated. However, the second-degree murder conviction and sentence are affirmed.

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Bluebook (online)

560 So. 2d 328, 1990 Fla. App. LEXIS 2807, 1990 WL 49828, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-la-cruz-v-state-fladistctapp-1990.

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