NATHANIEL JONES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
The defendant’s conviction of possession of a firearm during an attempted first degree murder and aggravated assault is reversed as improperly duplicitous of his convictions of the substantive crimes of attempted first degree murder with a firearm and aggravated assault with a firearm. Mozqueda v. State, 541 So. 2d 777 (Fla. 3d DCA 1989); Evans v. State, 528 So. 2d 125 (Fla. 3d DCA 1988). Since the offenses occurred on October 19, 1986, this result is compelled by Carawan v. State, 515 So. 2d 161 (Fla.1987), and is not affected by ch. 88-131 § 7, Laws of Fla, the amendment to section 775.021(4), Florida Statutes (1987) which became effective July 1, 1988. State v. Smith, 547 So. 2d 613 (Fla.1989).
The convictions under review are otherwise affirmed.
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Smith v. State, 548 So. 2d 755 (Fla. 5th DCA 1989)…1194 (Fla. 3d DCA 1989); Ambroa v. State, 547 So. 2d 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. Sta…
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Noris Deltoro v. State, 546 So. 2d 1169 (Fla. 3d DCA 1989)…ional proscription against double jeopardy. See W.B.M. v. State, 452 So. 2d 659 (Fla. 3d DCA 1984); Jackson v. State, 418 So. 2d 456 (Fla. 4th DCA 1982). The offense involved here occurred on May 1, 1987. Consequently, as stated in Jones v. State, 546 So. 2d 126 (Fla. 3d DCA 1989), “[T]his result is compelled by Carawan v. State, 515 So. 2d 161 (Fla.1987), and is not affected by ch. 88-131, § 7, Laws of Fla., the amendment to section 775.021(4), Florida Statutes (1987) which became effective July 1, 1988. S…
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E.H. v. State, 552 So. 2d 1197 (Fla. 3d DCA 1989)…PER CURIAM. Upon the state’s confession 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.…
Previewing 3 of 5 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)
- State v. Smith, 547 So. 2d 613 (Fla. 1989)
- Evans v. State, 528 So. 2d 125 (Fla. 3d DCA 1988)
- Mozqueda v. State, 541 So. 2d 777 (Fla. 3d DCA 1989)