ALFREDO ALVAREZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ALFREDO ALVAREZ, APPELLANT,
STATE OF FLORIDA, APPELLEE
445 So. 2d 677
Florida District Court of Appeal, Fourth District (1984)
Positive Treatment
Cited by 7 cases
Opinion of the Court
PER CURIAM.
We affirm appellant’s conviction and sentence for attempted first degree murder but reverse his conviction for possession of a firearm while engaged in a felony offense. See Bell v. State, 437 So. 2d 1057 (Fla.1983). We reject appellant’s claim that his sentence was improperly enhanced. See Whitehead v. State, 446 So. 2d 194 (Fla. 4th DCA 1984). We reject appellant’s claim of error as to the trial court’s retention of jurisdiction because we do not believe the error to be fundamental and the appellant failed to raise this issue in the trial court.
ANSTEAD, C.J., and DOWNEY and HERSEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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O'Brien v. State, 454 So. 2d 675 (Fla. 5th DCA 1984)…l that double jeopardy prohibits convictions of the firearm offense (§ 790.07(2), Fla.Stat.) and its underlying felony, see Jackson v. State, 436 So. 2d 1101 (Fla. 4th DCA 1983); Bogard v. State, 451 So. 2d 484 (Fla. 4th DCA 1984); Alvarez v. State, 445 So. 2d 677 (Fla. 4th DCA 1984). If by Gibson the Florida Supreme Court has foreclosed its consideration of the problem, then it is perhaps too late, but to be consistent with the rationale of Blockburger, Pinder and Bell, and with the ancient traditional judic…
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Brown v. State, 538 So. 2d 116 (Fla. 5th DCA 1989)…Sapp v. State, 522 So. 2d 1006 (Fla. 4th DCA 1988). Contra, Teemer v. State, 531 So. 2d 748 (Fla. 5th DCA 1988); Clark v. State, 530 So. 2d 519 (Fla. 5th DCA 1988). See also Bogard v. State, 451 So. 2d 484 (Fla. 4th DCA 1984); Alvarez v. State, 445 So. 2d 677 (Fla. 4th DCA 1984) and Jackson v. State, 436 So. 2d 1101 (Fla. 4th DCA 1983). The point of citing Jackson, Bogard and Alvarez is that those cases were disapproved by the supreme court in State v. Gibson, 452 So. 2d 553 (Fla.1984), but when Carawan…
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Akins v. State, 462 So. 2d 1161 (Fla. 5th DCA 1984)…ion of the offense of use of a firearm in the commission of a felony (§ 790.07(2), Fla.Stat. (1983)) and the underlying felony upon which the use of firearm offense is based, see Bogard v. State, 451 So. 2d 484 (Fla. 4th DCA 1984); Alvarez v. State, 445 So. 2d 677 (Fla. 4th DCA 1984); Jackson v. State, 436 So. 2d 1101 (Fla. 4th DCA 1983). But see State v. Baker, 456 So. 2d 419 (Fla.1984); Gibson v. State, 452 So. 2d 553 (Fla.1984); and the specially concurring opinion in O’Brien v. State, 454 So. 2d 675 (Fla.…
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- Bell v. State, 437 So. 2d 1057 (Fla. 1983)
- Whitehead v. State, 446 So. 2d 194 (Fla. 4th DCA 1984)