WILLIE RILEY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that evidence of prior convictions, admissible for the charge of possession of a firearm by a convicted felon, is inadmissible for other consolidated offenses. Failure to sever was prejudicial.
Appellant pleaded guilty to several charges and proceeded to trial on others, including possession of a firearm by a convicted felon and possession of…
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FERGUSON, Judge.
Appellant entered a plea to the first four counts of a nine-count information, to wit: (1) resisting an officer with violence to his person; (2) and (3) attempted murder in the first degree; (4) shooting within an occupied dwelling. He was adjudicated and sentenced on those counts.
The case proceeded to trial on the remaining five counts: (5) unlawful possession of a firearm while engaged in a criminal offense; (6) unlawful possession of a firearm by a convicted felon; (7) possession of a controlled substance — heroin; (8) possession of a controlled substance — cocaine, and (9) possession of a controlled substance —marijuana.
Appellant raises four points by this belated appeal. We consider only one as necessary to dispose of the cause, i.e., whether the trial court erred in denying defendant’s motion to sever the charge of possession of a firearm by a convicted felon from the other offenses charged.
As to the convictions for possession of controlled substances and possession of a firearm while engaged in a criminal offense, we reverse on authority of Vazquez v. State, 405 So. 2d 177 (Fla. 3d DCA 1981), modified, 419 So. 2d 1088 (Fla.1982), which holds that evidence of prior convictions is admissible on a charge of unlawful possession of a firearm by a convicted felon, but is inadmissible as to other offenses charged in a consolidated information. Failure to sever the counts was prejudicial.
The conviction for possession of a firearm by a previously convicted felon is AFFIRMED; as to the other four tried offenses, the convictions are REVERSED, and the matter remanded for further proceedings.
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Citator
Cited By
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Monson v. State, 627 So. 2d 1301 (Fla. 1st DCA 1993)…severance should be granted.” Fox v. State, 543 So. 2d 340, 341 (Fla. 1st DCA 1989). Accord Vazquez v. State, 419 So. 2d 1088 (Fla.1982); Thomas v. State, 440 So. 2d 581 (Fla.1983); Craft v. State, 441 So. 2d 704 (Fla. 2d DCA 1983); Riley v. State, 434 So. 2d 3 (Fla. 3d DCA 1983); Smith v. State, 434 So. 2d 18 (Fla. 5th DCA 1983). We therefore reverse appellant’s conviction for possession of cocaine and remand for new trial. The judgment and sentences are reversed and the cause is remanded to the trial c…
Authorities Cited
- State v. Vazquez, 419 So. 2d 1088 (Fla. 1982)
- Jester v. State, 405 So. 2d 177 (Fla. 5th DCA 1981)
- Vazquez v. State, 405 So. 2d 177 (Fla. 3d DCA 1981)