REGINALD DEON HOLSEY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Attempted Second Degree Murder cases and more on FLexlaw
PER CURIAM.
No reversible error having been shown with respect to appellant’s conviction of attempted second-degree murder, the appellant’s conviction on that count is affirmed.1 The State has conceded that appellant’s conviction for possession of a firearm while committing a criminal offense must be vacated. See Smith v. State, 539 So. 2d 601 (Fla. 3d DCA 1989); Brown v. State, 538 So. 2d 116 (Fla. 5th DCA 1989); Henderson v. State, 526 So. 2d 743 (Fla. 3d DCA 1988). See generally Morales v. State, 541 So. 2d 1289 (Fla. 3d DCA 1989).
The conviction of attempted second-degree murder is therefore affirmed. The conviction and sentence for possession of a firearm while engaged in a criminal offense are vacated.
. The charge of attempted second-degree murder, a second-degree felony, see §§ 777.04, 782.-04(2), Fla.Stat. (1985), was reclassified to a first-degree felony by reason of the use of a firearm. § 775.087(l)(b), Fla.Stat. (1985).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Smith v. State, 548 So. 2d 755 (Fla. 5th DCA 1989)…d 294 (Fla. 3d DCA 1989); Sands v. State, 547 So. 2d 293 (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. St…
Authorities Cited
- Health Care & Ret. Corp. OF Am. v. Dep't of Health & Rehabilitative Servs., 526 So. 2d 743 (Fla. 1st DCA 1988)
- Brown v. State, 538 So. 2d 116 (Fla. 5th DCA 1989)
- Smith v. State, 539 So. 2d 601 (Fla. 3d DCA 1989)
- Myron Morales v. State, 541 So. 2d 1289 (Fla. 3d DCA 1989)