DAVID ALLEN BROWN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Appellant's convictions for armed robbery affirmed, but sentence for firearm possession during robbery reversed as multiple sentencing for the same conduct violates Florida law.
Multiple sentences cannot be imposed for armed robbery and possession of a firearm during the course of a robbery arising from a single episode, even though separate convictions are permitted.
[1] Where separate charges for armed robbery with a firearm and possession of a firearm during commission of a robbery arise from a single episode, multiple convictions are p…
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Join FLexlaw to unlock all legal intelligence“it is only multiple sentences which are precluded”
Explaining that while dual convictions are allowed, the imposition of separate sentences for both offenses violates statutory prohibition
Brown was convicted in separate cases of armed robbery and of armed robbery with possession of a firearm during the robbery. He received concurrent li…
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FERGUSON, Judge.
Appellant was convicted in one case of armed robbery and in another case he was convicted of armed robbery and possession of a firearm during the course of a robbery. He was sentenced to concurrent life imprisonment sentences for each offense with a mandatory minimum three-year period of confinement to apply to each sentence. The first issue raised in this appeal is that the sentence for the firearm possession was improper or excessive.
As to the sentence for possession of a firearm during the course of a felony, we reverse. Where the state files separate charges for robbery with a firearm and possession of a firearm while in the commission of a robbery, arising out of a single episode, there may be convictions for both offenses. The possession of a firearm charge is said to be a lesser included offense of the armed robbery charge (although in fact they are identical offenses), for which multiple convictions are permitted; in such cases it is only multiple sentences which are precluded, [e.s.] Section 775.021(4), Fla. Stat. (1981); State v. Monroe, 406 So. 2d 1115 (Fla.1981); see also State v. Hegstrom, 401 So. 2d 1843 (1981). Finding that imposition of a sentence for the firearm possession was error, we need not decide whether the length of the sentence exceeded that permitted by law.
We find no merit in the remaining points on appeal.
The convictions on all counts are AFFIRMED; the sentence for possession of a firearm during the course of a felony is REVERSED, and the cause is remanded for further consistent proceedings.
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Pate v. State, 547 So. 2d 316 (Fla. 4th DCA 1989)…e plea was mistakenly entered into upon the promise that the State would cooperate with appellant in performance of substantial assistance, which promise the State refused to fulfill. This may entitle appellant to withdraw his plea. Hughes v. State, 427 So. 2d 791 (Fla. 2d DCA 1983). Accordingly, we reverse the trial court’s summary denial of appellant’s motion and remand to the trial court to conduct an evidentiary hearing on the issues raised therein. Reversed and remanded for further proceedings. DELL a…
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State v. Brown, 455 So. 2d 356 (Fla. 1984)…PER CURIAM. We quash that portion of the district court opinion, 427 So. 2d 791 (Fla.App.1983), which reverses Brown’s sentence for possession of a firearm during commission of a felony and remand for affirmance of that sentence. State v. Charles Baker, 456 So. 2d 419 (Fla.1984); State v. Thomas Baker, 452 So. 2d 927 (Fla.1984)…
Authorities Cited
- State v. Williams, 406 So. 2d 1115 (Fla. 1981)