STATE OF FLORIDA, PETITIONER,
v.
CHARLIE MARSHALL, RESPONDENT
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PER CURIAM.
The district court affirmed Marshall’s convictions of second-degree murder and unlawful possession of a firearm during commission of a felony, reversed his sentence for the firearm conviction, and certified the following question as being of great public importance: “[W]hether trial courts are empowered to impose separate punishments for the separate statutory offenses of the use of a firearm during the commission of a felony and the commission of that same felony by the use of a firearm.” Marshall v. State, 413 So. 2d 872, 874 (Fla. 3d DCA 1982). State v. Baker, 456 So. 2d 419, (Fla.1984), answers this question in the affirmative. We therefore quash that part of Marshall which reverses the sentence for the firearm conviction and remand for reinstatement of that sentence.
It is so ordered.
BOYD, C.J., and ALDERMAN, Mc-DONALD, EHRLICH and SHAW, JJ., concur. ADKINS and OVERTON, JJ., dissent.
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State v. Maritsa Saldarriaga, 486 So. 2d 683 (Fla. 3d DCA 1986)…tional rights have been violated, dismissal of the charges and discharge of the defendant is not an appropriate sanction. See Antone v. State, 410 So. 2d 157 (Fla.1982); Marshall v. State, 413 So. 2d 872 (Fla. 3d DCA 1982), quashed on other grounds, 455 So. 2d 355 (Fla.1984); State v. Brown, 393 So. 2d 1195 (Fla. 3d DCA 1981). The court may consider less drastic remedies. Reversed and remanded for further proceedings. HENDRY and FERGUSON, JJ., concur.…
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State v. Burke, 455 So. 2d 356 (Fla. 1984)…PER CURIAM. 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, MCDO…
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Ira Lee Pickett v. State, 453 So. 2d 892 (Fla. 3d DCA 1984)…PER CURIAM. Affirmed. State v. Baker, 456 So. 2d 419 (Fla.1984); State v. Baker, 452 So. 2d 927 (Fla.1984); State v. Marshall, 455 So. 2d 355 (Fla.1984); State v. Brown, 455 So. 2d 356 (Fla.1984); State v. Burke, 455 So. 2d 356 (Fla.1984).…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Baker, 456 So. 2d 419 (Fla. 1984)
- 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)