FREDDIE CECIL JONES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1989-08-29
No. 87-1687
Before BARKDULL, FERGUSON and COPE, JJ.
547 So. 2d 1278 Florida District Court of Appeal, Third District (1989) Positive Treatment
Cited by 10 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant in this matter was convicted of unlawful possession of a firearm while engaged in a criminal offense, to wit: among other things, first degree murder. He was sentenced for both crimes. We find this contrary to our pronouncement in Gonzalez v. State, 543 So. 2d 386 (Fla. 3d 1989). We note that this conflicts with Harper v. State, 537 So. 2d 1131 (Fla. 1st DCA 1989), however, following Gonzalez, supra, we hereby return the matter to the trial court to strike the conviction and sen-' tenee of unlawful possession of a firearm.

Reversed and remanded with directions.


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Cited By

  • Reddick v. State, 554 So. 2d 564 (Fla. 3d DCA 1989)
    …f a firearm during the commission of a felony, with instructions to vacate the convictions for shooting into an occupied dwelling and for possession of a firearm during the commission of a felony. Carawan v. State, 515 So. 2d at 161; Jones v. State, 547 So. 2d 1278 (Fla. 3d DCA 1989); Torres v. State, 527 So. 2d at 272. We are aware that in instructing the trial court to vacate the conviction for shooting into an occupied dwelling, this opinion is in conflict with Kelly v. State, 552 So. 2d 206 (Fla. 5th DCA…
  • Fletcher Embrey Hollinger v. State, 564 So. 2d 262 (Fla. 3d DCA 1990)
    …L.Ed.2d 195 (1981); Ross v. State, 386 So. 2d 1191 (Fla.1980); Castor v. State, 365 So. 2d 701 (Fla.1978). However, we reverse his conviction on the charge of possession of a firearm in the commission of a felony on the authority of Jones v. State, 547 So. 2d 1278 (Fla. 3d DCA 1989). As in Jones and Reddick v. State, 554 So. 2d 564 (Fla. 3d DCA 1989), we certify conflict with Harper v. State, 537 So. 2d 1131 (Fla. 1st DCA 1989). In all other respects, the defendant’s convictions and corresponding sentences…
  • State v. Fletcher Embrey Hollinger, 581 So. 2d 153 (Fla. 1991)
    …a firearm during the commission of a felony as well as other crimes committed on October 1, 1987. The court below reversed his conviction on the charge of possession of a firearm during the commission of a felony on the authority of Jones v. State, 547 So. 2d 1278 (Fla. 3d DCA 1989). The court also cited Reddick v. State, 554 So. 2d 564 (Fla. 3d DCA 1989),1 in support of its decision. Neither Jones nor Reddick provides a rationale, but it is evident that these decisions as well as the instant case were predic…

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