IVES JEAN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Defendant's conviction for unlawful display of a firearm while committing a felony is reversed as duplicative of armed robbery conviction, but convictions for attempted manslaughter and armed robbery are affirmed.
A defendant cannot be separately convicted and sentenced for unlawful display of a firearm while committing a felony when already convicted of the underlying armed robbery charge.
[1] A defendant cannot be separately convicted and sentenced for unlawful display of a firearm while committing a felony when the defendant is already convicted of the underl…
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PER CURIAM.
This is an appeal by the defendant Ives Jean from final judgments of conviction and sentences for attempted manslaughter, armed robbery, and unlawful display of a firearm while committing a felony — all entered upon an adverse jury verdict returned below. Upon the state’s confession of error based on the authority of Hall v. State, 517 So. 2d 678 (Fla.1988), we reverse the judgment of conviction and sentence for unlawful display of a firearm while committing a felony. It is clear that where, as here, a defendant is charged with and found guilty of (1) armed robbery as proscribed by Section 812.13(1), (2)(a), Florida Statutes (1987), and (2) unlawful display of a firearm while committing a felony, to wit: the above armed robbery, as proscribed by Section 790.07(2), Florida Statutes (1987), it is reversible error to enter a separate conviction and sentence on the above firearm display charge. Hall. We find no merit, however, in the remaining points raised by the defendant in his pro se brief.
The final judgments of conviction and sentences for attempted manslaughter and armed robbery are affirmed. The final judgment of conviction and sentence for unlawful display of a firearm while committing a felony is reversed.
AFFIRMED IN PART; REVERSED IN PART-
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Cited By
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Smith v. State, 548 So. 2d 755 (Fla. 5th DCA 1989)…(Fla. 3d DCA 1989); Bouie v. [*760] State, 540 So. 2d 925 (Fla. 3d DCA 1989); Sarduy v. State, 540 So. 2d 203 (Fla. 3d DCA 1989); Smith v. State, 539 So. 2d 601 (Fla. 3d DCA 1989); Williams v. State, 539 So. 2d 35 (Fla. 3d DCA 1989); Jean v. State, 538 So. 2d 153 (Fla. 3d DCA 1989); Hurd v. State, 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 99…
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E.H. v. State, 552 So. 2d 1197 (Fla. 3d DCA 1989)…f a felony is reversed. See Lewis v. State, 547 So. 2d 1031 (Fla. 3d DCA 1989); Jones v. State, 546 So. 2d 126 (Fla. 3d DCA 1989); Williams v. State, 539 So. 2d 35 (Fla. 3d DCA 1989); Smith v. State, 539 So. 2d 601 (Fla. 3d DCA 1989); Jean v. State, 538 So. 2d 153 (Fla. 3d DCA 1989); Ellison v. State, 538 So. 2d 90, 91 (Fla. 1st DCA 1989); § 775.021(4), Fla.Stat. (1988). The delinquency adjudication for aggravated assault with a firearm, however, is affirmed. Affirmed in part; reversed in part.…
Authorities Cited
- Hall v. State, 517 So. 2d 678 (Fla. 1988)