RICHARD ANDERSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that dual convictions for armed robbery and attempted first-degree felony murder are permissible, but conviction for unlawful possession of a firearm during a felony is improper when allied with other convictions.
A jury found the defendant guilty of attempted first-degree felony murder, armed robbery, and unlawful possession of a firearm during a felony. The de…
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PER CURIAM.
A jury found the defendant guilty of a) attempted first-degree felony murder, b) armed robbery, and c) unlawful possession of a firearm during the commission of a felony. He appeals both the convictions and the sentence.
We reject the claim that the conviction for the felony of armed robbery, as well as for attempted first-degree felony murder, resulted in an impermissible dual punishment. Armed robbery and attempted first-degree felony murder constitute separate statutory offenses consisting of separate and distinct elements. Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932). Because there is a complete absence of any clear legislative intent to treat these two offenses as equivalent, it was proper to convict and sentence the defendant on both charges. Hall v. State, 517 So. 2d 678 (Fla.1988); Carawan v. State, 515 So. 2d 161 (Fla.1987).
We agree with the defendant’s claim, which is conceded by the state, that it was improper to convict him for unlawful possession of a firearm in the commission of a crime in view of his other allied convictions. Carawan; Hall. Although the defendant’s conviction must be modified, it does not affect the sentence actually imposed upon him by the trial judge.
The other points raised are without merit.
As modified, the defendant’s conviction and sentence are affirmed.
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Brown v. State, 538 So. 2d 116 (Fla. 5th DCA 1989)…Fla. 1st DCA 1988); McKinnon v. State, 523 So. 2d 1238 (Fla. 1st DCA 1988); Marion v. State, 526 So. 2d 1077 (Fla. 2d DCA 1988); Pastor v. State, 536 So. 2d 356 (Fla. 3d DCA 1988); Hurd v. State, 536 So. 2d 361 (Fla. 3d DCA 1988); Anderson v. State, 530 So. 2d 1104 [*118] (Fla. 3d DCA 1988); Monsanto v. State, 530 So. 2d 952 (Fla. 3d DCA 1988); Perez v. State, 528 So. 2d 129 (Fla. 3d DCA 1988); Evans v. State, 528 So. 2d 125 (Fla. 3d DCA 1988); Torres v. State, 527 So. 2d 272 (Fla. 3d DCA 1988), rev. denied, 5…
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Viera v. State, 532 So. 2d 743 (Fla. 3d DCA 1988)…Fla.1987); Albritton v. State, 476 So. 2d 158 (Fla.1985). Viera’s argument that his convictions for both attempted armed robbery with a firearm and attempted felony murder constitute impermissible dual punishment is without merit. Anderson v. State, 530 So. 2d 1104 (Fla. 3d DCA 1988). However, Viera correctly asserts error in his conviction and sentence for unlawful display of a firearm. Anderson; Perez v. State, 528 So. 2d 129 (Fla. 3d DCA 1988). Accordingly, we reverse the conviction and sentence and remand…
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Smith v. State, 548 So. 2d 755 (Fla. 5th DCA 1989)…e, 536 So. 2d 361 (Fla. 3d DCA 1988); Pastor v. State, 536 So. 2d 356 (Fla. 3d DCA 1988), jurisdiction accepted, 545 So. 2d 869 (Fla.1989); Viera v. State, 532 So. 2d 743 (Fla. 3d DCA 1988), rev. denied, 542 So. 2d 991 (Fla.1989); Anderson v. State, 530 So. 2d 1104 (Fla. 3d DCA 1988); Monsanto v. State, 530 So. 2d 952 (Fla. 3d DCA 1988); Perez v. State, 528 So. 2d 129 (Fla. 3d DCA 1988); Evans v. State, 528 So. 2d 125 (Fla. 3d DCA 1988); Torres v. State, 527 So. 2d 272 (Fla. 3d DCA 1988), rev. denied, 536 So.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Blockburger v. United States, 284 U.S. 299 (U.S. 1932)
- Dion Michael Carawan v. State, 515 So. 2d 161 (Fla. 1987)
- Hall v. State, 517 So. 2d 678 (Fla. 1988)