Ross v. State

District Court of Appeal of Florida

Ross v. State

687 So. 2d 1357, 1997 Fla. App. LEXIS 413, 1997 WL 43858

CourtDistrict Court of Appeal of Florida

DecidedFebruary 5, 1997

DocketNo. 96-602

StatusPublished

Cited by1 cases

This text of 687 So. 2d 1357 (Ross 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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Ross v. State, 687 So. 2d 1357, 1997 Fla. App. LEXIS 413, 1997 WL 43858 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

This is an appeal by the defendant Bobby Ross from judgments of convictions and sentences for first-degree murder, attempted armed robbery, and possession of a firearm while engaged in a criminal offense. §§ 782.04, 812.13, and 790.07(2), Fla. Stat. (1993). The defendant raises several points on appeal, only one of which presents reversible error. We agree with the defendant that his convictions for both the offense of attempted armed robbery and the offense of possession of a firearm in the commission of that criminal offense violate the defendant’s constitutional privilege against double jeopardy. § 775.021(4), Fla. Stat. (1993); State v. Steams, 645 So.2d 417 (Fla.1994); Johnson v. Singletary, 625 So.2d 1251 (Fla. 3d DCA 1993). Accordingly, we vacate the conviction and sentence for possession of a firearm, and affirm the defendant’s remaining convictions and sentences.

Reversed in part, affirmed in part.

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PER CURIAM.

This is an appeal by the defendant Bobby Ross from judgments of convictions and sentences for first-degree murder, attempted armed robbery, and possession of a firearm while engaged in a criminal offense. §§ 782.04, 812.13, and 790.07(2), Fla. Stat. (1993). The defendant raises several points on appeal, only one of which presents reversible error. We agree with the defendant that his convictions for both the offense of attempted armed robbery and the offense of possession of a firearm in the commission of that criminal offense violate the defendant’s constitutional privilege against double jeopardy. § 775.021(4), Fla. Stat. (1993); State v. Steams, 645 So.2d 417 (Fla.1994); Johnson v. Singletary, 625 So.2d 1251 (Fla. 3d DCA 1993). Accordingly, we vacate the conviction and sentence for possession of a firearm, and affirm the defendant’s remaining convictions and sentences.

Reversed in part, affirmed in part.

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687 So. 2d 1357, 1997 Fla. App. LEXIS 413, 1997 WL 43858, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ross-v-state-fladistctapp-1997.

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