WILLIAM CARL HARPER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1989-02-07
No. 88-7
SHIVERS and ZEHMER, JJ., concur.
537 So. 2d 1131 Florida District Court of Appeal, First District (1989) Negative Treatment
Cited by 18 cases


Opinion of the Court
BARFIELD, Judge.

BARFIELD, Judge.

William Harper appeals his convictions and sentences for first-degree murder, attempted second degree murder, possession of cocaine and use of a firearm during the commission of a felony. We affirm the trial court’s denial of Harper’s motions for mistrial. We also affirm his convictions for both first-degree murder1 and use of a firearm during the commission of a felony.2 We find clear legislative intent in the statutes that multiple punishments for both crimes are permissible. The first-degree murder statute neither requires use of a firearm as an element, nor can it be enhanced under § 775.087, Florida Statutes (1987). Finally, the record is unclear as to whether Harper should be credited for time served. Therefore, we remand solely for that determination.

Accordingly, we AFFIRM in part and REVERSE and REMAND in part.

SHIVERS and ZEHMER, JJ., concur. . Section 782.04(l)(a), Florida Statutes (1987).

. Section 790.07(2), Florida Statutes (1987).


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Brown v. State, 617 So. 2d 744 (Fla. 1st DCA 1993)
    …775.021(4) will reveal that armed robbery with a firearm, attempted first-degree murder, and possession of a firearm during the commission of a felony, to wit: attempted first-degree murder, are three separate criminal charges. In Harper v. State, 537 So. 2d 1131 (Fla. 1st DCA 1989), this court held that convic [*747] tions for first-degree murder and use of a firearm during the commission of a felony were permissible since the first-degree murder statute neither requires use of a firearm as an element, nor…
  • State v. Reddick, 568 So. 2d 902 (Fla. 1990)
    …, quash the decision below, and remand for further proceedings consistent with this opinion. It is so ordered. SHAW, C.J., and OVERTON, McDonald, EHRLICH, BARKETT and KOGAN, JJ., concur. . The court also acknowledged conflict with Harper v. State, 537 So. 2d 1131 (Fla. 1st DCA 1989), which allowed separate convictions for first-degree murder and use of a firearm in the commission of a felony. As the state did not challenge the decision to vacate the conviction [*903] for possession of a firearm in the commis…
  • Boutwell v. State, 563 So. 2d 798 (Fla. 1st DCA 1990)
    …hreaten or attempt to use a firearm while committing or attempting to commit a felony. Second degree felonies are punishable by a term up to 15 years. § 775.082(3)(c),.Fla. Stat. As to ground (2), this court has specifically held in Harper v. State, 537 So. 2d 1131 (Fla. 1st DCA 1989), that there is clear legislative intent in the statutes that multiple punishments for both first degree murder and use of a firearm during the commission of a felony are permissible. As to ground (3), the trial court attached to…

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