Washington v. State

District Court of Appeal of Florida

Washington v. State

597 So. 2d 840, 1992 Fla. App. LEXIS 2826, 1992 WL 55224

CourtDistrict Court of Appeal of Florida

DecidedMarch 24, 1992

DocketNo. 91-862

StatusPublished

Cited by4 cases

This text of 597 So. 2d 840 (Washington 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

Washington v. State, 597 So. 2d 840, 1992 Fla. App. LEXIS 2826, 1992 WL 55224 (Fla. Ct. App. 1992).

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Opinion

PER CURIAM.

The appellant was convicted and sentenced on the following charges: Count I: Sexual battery with a firearm, in violation of Section 794.011(2), Florida Statutes (1989) — sentenced to 25 years; Count II: Unlawful possession of a firearm while engaged in a criminal offense, in violation of Section 790.07, Florida Statutes (1989)— sentenced to 5 years; and Count III: Aggravated assault, in violation of Section 784.021(l)(a), Florida Statutes (1989) — sentenced to 15 years.

We find that the trial court erred in convicting and sentencing the defendant to both possession of a firearm in commission of a felony and aggravated assault with a firearm where the use of a firearm in the commission of a felony conviction encompasses solely the same assault with the gun. Cleveland v. State, 587 So.2d 1145 (Fla.1991). Therefore, the convictions and sentences for unlawful possession of a firearm while engaged in a criminal offense, be and the same are hereby reversed and vacated. The remaining convictions and sentences are affirmed.

Affirmed as amended.

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PER CURIAM.

The appellant was convicted and sentenced on the following charges: Count I: Sexual battery with a firearm, in violation of Section 794.011(2), Florida Statutes (1989) — sentenced to 25 years; Count II: Unlawful possession of a firearm while engaged in a criminal offense, in violation of Section 790.07, Florida Statutes (1989)— sentenced to 5 years; and Count III: Aggravated assault, in violation of Section 784.021(l)(a), Florida Statutes (1989) — sentenced to 15 years.

We find that the trial court erred in convicting and sentencing the defendant to both possession of a firearm in commission of a felony and aggravated assault with a firearm where the use of a firearm in the commission of a felony conviction encompasses solely the same assault with the gun. Cleveland v. State, 587 So.2d 1145 (Fla.1991). Therefore, the convictions and sentences for unlawful possession of a firearm while engaged in a criminal offense, be and the same are hereby reversed and vacated. The remaining convictions and sentences are affirmed.

Affirmed as amended.

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Bluebook (online)

597 So. 2d 840, 1992 Fla. App. LEXIS 2826, 1992 WL 55224, Counsel Stack Legal Research, https://law.counselstack.com/opinion/washington-v-state-fladistctapp-1992.

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