EMMANUEL PIERRE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
EMMANUEL PIERRE, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
414 So. 2d 30
Florida District Court of Appeal, Third District (1982)
Negative Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
Upon the authority of State v. Hegstrom, 401 So. 2d 1343 (Fla.1981), we vacate the sentence imposed for possession of a firearm while engaged in a criminal offense; we affirm the conviction.
Consistent with our certification in Marshall v. State, 413 So. 2d 872 (Fla. 3d DCA 1982) (on rehearing), we certify to the Supreme Court of Florida, as a matter of great public importance, the question of whether trial courts are empowered to impose separate punishments for the statutory offenses relating to the use of a firearm during the commission of a felony and the commission of that same felony by the use of a firearm.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Baker v. State, 425 So. 2d 36 (Fla. 5th DCA 1982)…the commission of a felony). Our sister courts have held, without much discussion, that double jeopardy applies in this context. Moore v. State, 414 So. 2d 261 (Fla. 1st DCA 1982); Burke v. State, 415 So. 2d 753 (Fla. 3d DCA 1982); Pierre v. State, 414 So. 2d 30 (Fla. 3d DCA 1982). Blockburger and Borges speak in terms of elements of crimes in determining distinctness for purposes of double jeopardy.3 They do not reach the question posed in this case. However, other more recent United States Supreme Cour…
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Torrence v. State, 440 So. 2d 392 (Fla. 5th DCA 1983)…a.1982); see also Bell v. State, 437 So. 2d 1057 (Fla.1983); State v. Gibson, Case No. 61,375 (Fla. February 10,1983) [8 FLW 76]; Burke v. State, 415 So. 2d 753 (Fla. 3d DCA 1982); Moore v. State, 414 So. 2d 261 (Fla. 1st DCA 1982); Pierre v. State, 414 So. 2d 30 (Fla. 3d DCA 1982). He should be convicted and sentenced for the greater offense (Count III) in this case. [*396] I would affirm Torrence’s conviction for use of a firearm in the commission of a felony; and remand this proceeding to the trial court…
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State v. Burke, 455 So. 2d 356 (Fla. 1984)…AM. Pursuant to State v. Charles Baker, 456 So. 2d 419 (Fla.1984), State v. Thomas Baker, 452 So. 2d 927 (Fla.1984), and State v. Marshall, 455 So. 2d 355 (Fla.1984), we quash the district court’s vacating of Burke’s, 415 So. 2d 753, and Pierre’s, 414 So. 2d 30, sentences for their firearm convictions and remand for reinstatement of those sentences. It is so ordered. BOYD, C.J., and ALDERMAN, MCDONALD, EHRLICH and SHAW, JJ., concur. ADKINS and OVERTON, JJ., dissent.…
Authorities Cited
- State v. Hegstrom, 401 So. 2d 1343 (Fla. 1981)
- State v. Rivers, 401 So. 2d 1343 (Fla. 1981)
- Carnavil v. The Pines OF Delray Ass'n, Inc., 413 So. 2d 872 (Fla. 4th DCA 1982)
- Marshall v. State, 413 So. 2d 872 (Fla. 3d DCA 1982)