PEDRO GONZALEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We vacate the defendant’s conviction of unlawful possession of a firearm while engaged in a criminal offense, § 790.07, Fla. Stat. (1985), as violative of the double jeopardy provisions of the state and federal constitutions because he has also been charged and convicted of first degree murder with a firearm for the same offense. Carawan v. State, 515 So. 2d 161 (Fla.1987); Mozqueda v. State, 541 So. 2d 777 (Fla. 3d DCA 1989); Tunidor v. State, 541 So. 2d 165 (Fla. 3d DCA 1989); Smith v. State, 539 So. 2d 601 (Fla. 3d DCA 1989); Henderson v. State, 526 So. 2d 743 (Fla. 3d DCA 1988); contra Harper v. State, 537 So. 2d 1131 (Fla. 1st DCA 1989).
We find no error in the prosecutor’s closing argument to the jury. Breedlove v. State, 413 So. 2d 1 (Fla.), cert. denied, 459 U.S. 882, 103 S.Ct. 184, 74 L.Ed.2d 149 (1982). Thus, we affirm the conviction of first degree murder with a firearm.
Affirmed in part; reversed in part.
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Gonzalez v. State, 579 So. 2d 145 (Fla. 3d DCA 1991)…PER CURIAM. Appellant, Pedro Gonzalez, appeals the denial of his motion for post conviction relief. We affirm. On plenary appeal, this court affirmed appellant’s conviction for first degree mur [*146] der. Gonzalez v. State, 543 So. 2d 386 (Fla. 3d DCA 1989). Appellant then sought post conviction relief based on a claim of ineffective assistance of counsel. Appellant claimed that his attorney improperly admitted collateral evidence which prejudiced him. At the hearing on the motion,…
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State v. Earl, 545 So. 2d 415 (Fla. 3d DCA 1989)…he Criminal Justice System. The problem arises, however, when the taking of such actions by the Court invades and interferes with the proper exercise of prosecutorial discretion that is the sole responsibility of the prosecutor. See State v. Perez, 543 So. 2d 386 (Fla. 3d DCA 1989). The strength of the State’s case, and the likelihood of the State obtaining a conviction after a prosecution of a particular case, are properly considered by the Court in certain circumstances, such as when the Court has to make…
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Smith v. State, 548 So. 2d 755 (Fla. 5th DCA 1989)…93 (Fla. 3d DCA 1989); State v. Finney, 550 So. 2d 1141 (Fla. 3d DCA 1989); Joseph v. State, 547 So. 2d 249 (Fla. 3d DCA 1989); Jones v. State, 546 So. 2d 126 (Fla. 3d DCA 1989); Holsey v. State, 544 So. 2d 342 (Fla. 3d DCA 1989); Gonzalez v. State, 543 So. 2d 386 (Fla. 2d DCA 1989); Morales v. State, 541 So. 2d 1289 (Fla. 3d DCA 1989); Anderson v. State, 541 So. 2d 797 (Fla. 3d DCA 1989); Mozqueda v. State, 541 So. 2d 777 (Fla. 3d DCA 1989); Ahlberg v. State, 541 So. 2d 775 (Fla. 3d DCA 1989); Dowding v. Sta…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dion Michael Carawan v. State, 515 So. 2d 161 (Fla. 1987)
- Tison v. Arizona (two cases), 459 U.S. 882 (U.S. 1982)
- Coffman Realty, Inc. v. Tosohatchee Game Preserve, Inc., 413 So. 2d 1 (Fla. 1982)
- McArthur Breedlove v. State, 413 So. 2d 1 (Fla. 1982)
- Health Care & Ret. Corp. OF Am. v. Dep't of Health & Rehabilitative Servs., 526 So. 2d 743 (Fla. 1st DCA 1988)
- Smith v. State, 539 So. 2d 601 (Fla. 3d DCA 1989)
- Harper v. State, 537 So. 2d 1131 (Fla. 1st DCA 1989)
- Mozqueda v. State, 541 So. 2d 777 (Fla. 3d DCA 1989)
- E.M. v. State, 541 So. 2d 165 (Fla. 3d DCA 1989)
- Tundidor v. State, 541 So. 2d 165 (Fla. 3d DCA 1989)