ANGELO MAURICE REDDICK, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Angelo Reddick appealed his convictions for first degree murder, attempted first degree murder, shooting into an occupied dwelling, and possession of a firearm during the commission of a felony. The Florida District Court of Appeal affirmed the murder and attempted murder convictions but reversed and vacated the convictions for shooting into an occupied dwelling and firearm possession as duplicative under Carawan v. State.
The court affirmed the convictions for first degree murder and attempted first degree murder but reversed and vacated the convictions for shooting into an occupied dwelling and possession of a firearm during the commission of a felony based on the rule in Carawan v. State that multiple convictions arising from a single criminal act must be vacated.
[1] Convictions for shooting into an occupied dwelling and possession of a firearm during the commission of a felony must be vacated when they stem from the same single act o…
[2] Statutory amendments that alter the rules regarding multiple convictions for a single act do not apply to offenses committed prior to the amendment's effective date.
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Join FLexlaw to unlock all legal intelligence“Appellant contends that the trial court erred in failing to vacate the judgments of conviction for shooting into an occupied dwelling and for possession of a firearm during the commission of a felony. Appellant argues that because all four charges stemmed from the single act of discharging a firearm, the court was obligated to dismiss these last two charges based on Carawan v. State”
Establishes the core issue presented on appeal regarding duplicative convictions arising from a single criminal act.
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Join FLexlaw to unlock all legal intelligenceIn 1986, Reddick was observed shooting toward a house occupied by victims. One victim was killed and another injured. Reddick was charged with four fe…
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PER CURIAM.
This is an appeal from a conviction and sentence for first degree murder, attempted first degree murder, shooting into an occupied dwelling, and possession of a firearm during the commission of a felony. We affirm in part and reverse in part, with instructions to vacate.
Appellant, Angelo Reddick, the defendant below, was observed shooting toward a house occupied by the victims. One of the victims was killed and another injured. Appellant was charged and later convicted of four felonies: first degree murder, attempted first degree murder, shooting into an occupied dwelling, and possession of a firearm during the commission of a felony. The offenses were committed in 1986, and appellant was convicted and sentenced in 1988.
Appellant contends that the trial court erred in failing to vacate the judgments of conviction for shooting into an occupied dwelling and for possession of a firearm during the commission of a felony. Appellant argues that because all four charges stemmed from the single act of discharging a firearm, the court was obligated to dismiss these last two charges based on Carawan v. State, 515 So. 2d 161 (Fla.1987). Appellant also argues that the count for possession of a firearm must be vacated because the use of a firearm is an essential element of the murder charge and attempted murder charge. The State concedes that the convictions for shooting into an occupied dwelling and possession of a firearm during the commission of a felony must be vacated, based on our opinion in Torres v. State, 527 So. 2d 272 (Fla. 3d DCA), review denied, 536 So. 2d 246 (Fla.1988).
In Torres, the defendant was convicted of two counts of attempted second-degree murder by discharging a firearm, unlawful possession of a firearm while engaged in a criminal offense, and shooting into an occupied building. Based on the authority of Carawan v. State, 515 So. 2d at 161, and its progeny, this court vacated the convictions for unlawful possession of a firearm while engaged in a criminal offense and for shooting into an occupied building.
Although, Carawan v. State, 515 So. 2d at 161, has been superseded by section 775.021(4), Florida Statutes (Supp.1988), the statutory change does not apply to offenses committed prior to the effective date of the amendment. State v. Smith, 547 So. 2d 613 (Fla.1989). Consequently, we affirm the convictions for first degree murder and attempted first degree murder, and reverse the convictions for shooting into an occupied dwelling and possession of 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 1989), wherein our sister court upheld multiple convictions and sentences for attempted murder, shooting into an occupied vehicle, and aggravated assault with a firearm. We therefore certify conflict with Kelly.
In addition, we note that in instructing the trial court to vacate the conviction for possession of a firearm during the commission of a felony, this court has previously recognized that such ruling is in conflict with Harper v. State, 537 So. 2d 1131 (Fla. 1st DCA 1989). Jones v. State, 547 So. 2d at 1278 (acknowledging conflict with Harper); Gonzalez v. State, 543 So. 2d 386 (Fla. 3d DCA 1989) (acknowledging conflict with Harper).
Affirmed in part, reversed in part, with instructions to vacate.
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State v. Reddick, 568 So. 2d 902 (Fla. 1990)…GRIMES, Judge. We review Reddick v. State, 554 So. 2d 564 (Fla. 3d DCA 1989), in which the district court of appeal certified that its decision was in conflict with Kelly v. State, 552 So. 2d 206 (Fla. 5th DCA 1989), review denied, 563 So. 2d 632 (Fla.1990). We have jurisdiction under article V, section 3(…
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Reddick v. State, 582 So. 2d 634 (Fla. 3d DCA 1991)…WHEREAS, the opinion rendered by this Court on December 12, 1989, (554 So. 2d 564), affirmed in part and reversed in part the judgment of convictions of the Circuit Court of Dade County, Florida, in the above styled cause; and WHEREAS, on review of this Court’s opinion, by Petition for Review, the Supreme Court of Florida, by i…
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Fletcher Embrey Hollinger v. State, 564 So. 2d 262 (Fla. 3d DCA 1990)…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 are hereby affirmed.…
Previewing 3 of 4 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)
- Alphonse Kelly v. State, 552 So. 2d 206 (Fla. 5th DCA 1989)
- Harper v. State, 537 So. 2d 1131 (Fla. 1st DCA 1989)
- State v. Alejander Perez, 543 So. 2d 386 (Fla. 3d DCA 1989)
- Gonzalez v. State, 543 So. 2d 386 (Fla. 3d DCA 1989)
- Roque J. Torres v. State, 527 So. 2d 272 (Fla. 3d DCA 1988)
- Jones v. State, 547 So. 2d 1278 (Fla. 3d DCA 1989)