EDWARD BURKE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court affirmed the defendant's convictions for robbery and unlawful possession of a firearm but reversed the sentence for the firearm offense.
The defendant was convicted of robbery and unlawful possession of a firearm while engaged in a criminal offense. The information alleged the defendant…
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BASKIN, Judge.
Finding no error in defendant’s convictions for robbery1 and for unlawful possession of a firearm while engaged in a criminal offense, we affirm the convictions but reverse the sentence imposed for unlawful possession of a firearm while engaged in a criminal offense. Multiple sentences for lesser included offenses are precluded by State v. Monroe, 406 So. 2d 1115 (Fla.1981); State v. Hegstrom, 401 So. 2d 1343 (Fla.1981); section 775.021(4), Florida Statutes (1979).
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 in part, reversed in part, and remanded with directions to vacate the sentence for unlawful possession of a firearm.
. The information alleged that in the course of committing the robbery, defendant Burke carried a pistol.
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)…his wife with the same firearm (use of a firearm in 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. Ho…
Authorities Cited
- State v. Hegstrom, 401 So. 2d 1343 (Fla. 1981)
- State v. Rivers, 401 So. 2d 1343 (Fla. 1981)
- State v. Williams, 406 So. 2d 1115 (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)