WILLIAM EZRA WILLINGHAM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
This is an appeal, from convictions for attempted second degree murder and use of a firearm while attempting to commit the murder. The attempted second degree murder was reclassified to a first degree felony because of the use of a firearm. § 775.087, Fla.Stat. (1987). Since a defendant cannot be subjected to multiple punishment for the same offense, the use of a firearm conviction must be reversed. U.S. Const. Amend. V; Fla. Const. Art. I, § 9. The sentence is not materially affected and no othér point on appeal warrants a remand.
The conviction for use of a firearm is reversed and all other convictions and the sentence are affirmed.
AFFIRMED IN PART AND REVERSED IN PART.
SHARP, C.J., and DAUKSCH and COBB, JJ., concur.
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Alphonse Kelly v. State, 552 So. 2d 206 (Fla. 5th DCA 1989)…im of the attempted murders. This conviction is accordingly sustained. ONE COUNT OF USE OF A FIREARM IN THE COMMISSION OF A FELONY This charge is necessarily subsumed in each of the other seven convictions and is reversed. See Willingham v. State, 535 So. 2d 718 (Fla. 5th DCA 1989); Crayton v. State, 536 So. 2d 399 (Fla. 5th DCA 1989). See also Hall v. State, 517 So. 2d 678 (Fla.1988); Curry v. State, 539 So. 2d 573 (Fla. 5th DCA 1989); Neal v. State, 527 So. 2d 966 (Fla. 5th DCA 1988); Cardwell v. State, 5…
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Wood v. State, 582 So. 2d 751 (Fla. 5th DCA 1991)…78 (Fla.1988); Hancock v. State, 559 So. 2d 1307 (Fla. 5th DCA 1990); Kelly v. State, 552 So. 2d 1140 (Fla. 5th DCA 1989); Curry v. State, 539 So. 2d 573 (Fla. 5th DCA 1989); Crayton v. State, 536 So. 2d 399 (Fla. 5th DCA 1989); Willingham v. State, 535 So. 2d 718 (Fla. 5th DCA 1989); Neal v. State, 527 So. 2d 966 (Fla. 5th DCA 1988); Cardwell v. State, 525 So. 2d 1025 (Fla. 5th DCA 1988); and Wright v. State, 519 So. 2d 1157 (Fla. 5th DCA 1988). . See, Jones v. State, 356 So. 2d 4 (Fla. 4th DCA 1977). . It…
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Brown v. State, 538 So. 2d 116 (Fla. 5th DCA 1989)…Florida; Hall v. State, 517 So. 2d 678 (Fla.1988); Carawan v. State, 515 So. 2d 161 (Fla.1987) and the following district court of appeal cases, which are directly in point: Crayton v. State, 536 So. 2d 399 (Fla. 5th DCA 1989); Willingham v. State, 535 So. 2d 718 (Fla. 5th DCA 1989); Neal v. State, 527 So. 2d 966 (Fla. 5th DCA 1988); Cardwell v. State, 525 So. 2d 1025 (Fla. 5th DCA 1988); Richardson v. State, 523 So. 2d 746 (Fla. 5th DCA 1988); Wright v. State, 519 So. 2d 1157 (Fla. 5th DCA 1988); Heath v. S…
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