JESSE PAUL WILLIAMS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
JESSE PAUL WILLIAMS, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
539 So. 2d 35
Florida District Court of Appeal, Third District (1989)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The State concedes, correctly, that a conviction for possession of a firearm in the commission of a felony is unconstitutional where a defendant is also convicted of armed kidnapping. Carawan v. State, 515 So. 2d 161 (Fla.1987); see Heath v. State, 532 So. 2d 9 (Fla. 1st DCA 1988). For that reason the firearms conviction is reversed. Viera v. State, 532 So. 2d 743 (Fla. 3d DCA 1988).
A review of the record discloses no grounds for overturning the conviction or sentences for first-degree murder, armed kidnapping, battery on a police officer, resisting arrest with violence, and leaving the scene of an accident.
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR CORRECTION OF THE JUDGMENT.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Smith v. State, 548 So. 2d 755 (Fla. 5th DCA 1989)…. 3d DCA 1989); Tundidor v. State, 541 So. 2d 165 (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…
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E.H. v. State, 552 So. 2d 1197 (Fla. 3d DCA 1989)…onfession of error, the delinquency adjudication for possession of a firearm during the commission of 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 aggrav…
Authorities Cited
- Dion Michael Carawan v. State, 515 So. 2d 161 (Fla. 1987)
- Heath v. State, 532 So. 2d 9 (Fla. 1st DCA 1988)
- Viera v. State, 532 So. 2d 743 (Fla. 3d DCA 1988)