Hubbard v. State

District Court of Appeal of Florida

Hubbard v. State

647 So. 2d 1081, 1995 Fla. App. LEXIS 119, 1995 WL 10502

CourtDistrict Court of Appeal of Florida

DecidedJanuary 13, 1995

DocketNos. 94-756, 94-815

StatusPublished

This text of 647 So. 2d 1081 (Hubbard 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

Hubbard v. State, 647 So. 2d 1081, 1995 Fla. App. LEXIS 119, 1995 WL 10502 (Fla. Ct. App. 1995).

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Opinion

PER CURIAM.

Robert Earl Hubbard appeals his convictions and sentences imposed after a jury found him guilty of first degree murder,¹ robbery with a firearm,² use of a firearm while committing or attempting to commit a felony,³ aggravated battery,⁴ and possession of a firearm by a convicted felon⁵. We find no merit to his appeal except his contention that his dual convictions for robbery with a firearm and the use of a firearm while committing a felony, both of which arose from a single criminal episode, are improper. The state properly concedes error. See Brown v. State, 617 So.2d 744, 747 (Fla. 1st DCA 1993) (stating that defendant may not be convicted and sentenced to both possession of a firearm during the commission of a felony and armed robbery with a firearm where both crimes occurred during the same criminal transaction), approved, 633 So.2d 1059 (Fla.1994). Accordingly, we strike Hubbard’s conviction and sentence for using a firearm while committing a felony, but otherwise affirm his remaining convictions and sentences.

AFFIRMED as Modified.

DAUKSCH, GOSHORN and PETERSON, JJ., concur.

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PER CURIAM.

Robert Earl Hubbard appeals his convictions and sentences imposed after a jury found him guilty of first degree murder,¹ robbery with a firearm,² use of a firearm while committing or attempting to commit a felony,³ aggravated battery,⁴ and possession of a firearm by a convicted felon⁵. We find no merit to his appeal except his contention that his dual convictions for robbery with a firearm and the use of a firearm while committing a felony, both of which arose from a single criminal episode, are improper. The state properly concedes error. See Brown v. State, 617 So.2d 744, 747 (Fla. 1st DCA 1993) (stating that defendant may not be convicted and sentenced to both possession of a firearm during the commission of a felony and armed robbery with a firearm where both crimes occurred during the same criminal transaction), approved, 633 So.2d 1059 (Fla.1994). Accordingly, we strike Hubbard’s conviction and sentence for using a firearm while committing a felony, but otherwise affirm his remaining convictions and sentences.

AFFIRMED as Modified.

DAUKSCH, GOSHORN and PETERSON, JJ., concur.

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Bluebook (online)

647 So. 2d 1081, 1995 Fla. App. LEXIS 119, 1995 WL 10502, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hubbard-v-state-fladistctapp-1995.

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