SARAH MITCHELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the conviction for second-degree murder and the right to impose a split sentence, but reversed the conviction for possession of a firearm.
Appellant was convicted of second-degree murder and possession of a firearm, with the firearm being the murder weapon. The case had been before the ap…
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GARRETT, Judge.
Appellant appeals her convictions and sentences for murder in the second degree and possession of a firearm while engaged in a criminal offense.
Twice before this court has addressed this case. In Mitchell v. State, 513 So. 2d 1122 (Fla. 4th DCA 1987), we reversed the appellant’s sentence, finding all the reasons for departure from the guidelines invalid. In Mitchell v. State, 531 So. 2d 752 (Fla. 4th DCA 1988), we invalidated the newly stated reasons for departure.
We now affirm the trial judge's right to impose a split sentence. Boylan v. State, 489 So. 2d 110 (Fla. 4th DCA 1986).
We now reverse the conviction for possession of a firearm while engaged in a criminal offense. The firearm was the same rifle alleged and proven to be the second degree murder weapon. The two convictions constitute dual punishment for one single act.1 See Hall v. State, 517 So. 2d 678 (Fla.1988); Carawan v. State, 515 So. 2d 161 (Fla.1987). AFFIRMED IN PART; REVERSED IN PART; AND REMANDED FOR RESEN-TENCING.
ANSTEAD and LETTS, JJ., concur. . The crimes predated the 1988 amendment to section 775.021(4)(a), Florida Statutes (Supp.1988).
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Citator
Cited By
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Smith v. State, 548 So. 2d 755 (Fla. 5th DCA 1989)…COURT OF APPEAL: Higgins v. State, 545 So. 2d 973 (Fla. 4th DCA 1989); Williams v. State, 546 So. 2d 1120 (Fla. 4th DCA 1989); Gunn v. State, 546 So. 2d 115 (Fla. 4th DCA 1989); Wright v. State, 546 So. 2d 96 (Fla. 4th DCA 1989); Mitchell v. State, 543 So. 2d 292 (Fla. 4th DCA 1989); Peterson v. State, 542 So. 2d 417 (Fla. 4th DCA 1989); Cherry v. State, 540 So. 2d 146 (Fla. 4th DCA 1989); Prescott v. State, 529 So. 2d 302 (Fla. 4th DCA 1988); Sapp v. State, 522 So. 2d 1006 (Fla. 4th DCA 1988). Reaching the…
Authorities Cited
- Dion Michael Carawan v. State, 515 So. 2d 161 (Fla. 1987)
- Hall v. State, 517 So. 2d 678 (Fla. 1988)
- Mitchell v. State, 513 So. 2d 1122 (Fla. 4th DCA 1987)
- Boylan v. State, 489 So. 2d 110 (Fla. 4th DCA 1986)
- Mitchell v. State, 531 So. 2d 752 (Fla. 4th DCA 1988)