Mobly v. State

District Court of Appeal of Florida

Mobly v. State

614 So. 2d 1230, 1993 Fla. App. LEXIS 3927, 1993 WL 90573

CourtDistrict Court of Appeal of Florida

DecidedMarch 30, 1993

DocketNo. 92-585

StatusPublished

Cited by1 cases

This text of 614 So. 2d 1230 (Mobly 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.

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Mobly v. State, 614 So. 2d 1230, 1993 Fla. App. LEXIS 3927, 1993 WL 90573 (Fla. Ct. App. 1993).

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Opinion

PER CURIAM.

Upon the State’s proper confession of error, we vacate the judgment of conviction and sentence as to Count Two: unlawful possession of a weapon during the commission of a felony. See Cleveland v. State, 587 So.2d 1145 (Fla.1991) (when conviction enhanced for use of firearm during commission of offense, prohibition against double jeopardy prohibits separate conviction and sentence for single act involving use of same firearm in commission of same crime); Pearson v. State, 603 So.2d 676 (Fla. 3d DCA 1992) (same).

Judgment' of conviction and sentence vacated as to Count Two, affirmed as to Count One; remanded for further proceedings consistent with this opinion.

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PER CURIAM.

Upon the State’s proper confession of error, we vacate the judgment of conviction and sentence as to Count Two: unlawful possession of a weapon during the commission of a felony. See Cleveland v. State, 587 So.2d 1145 (Fla.1991) (when conviction enhanced for use of firearm during commission of offense, prohibition against double jeopardy prohibits separate conviction and sentence for single act involving use of same firearm in commission of same crime); Pearson v. State, 603 So.2d 676 (Fla. 3d DCA 1992) (same).

Judgment' of conviction and sentence vacated as to Count Two, affirmed as to Count One; remanded for further proceedings consistent with this opinion.

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614 So. 2d 1230, 1993 Fla. App. LEXIS 3927, 1993 WL 90573, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mobly-v-state-fladistctapp-1993.

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