LARRY GRAHAM A/K/A WILLIE LOVE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Larry Graham a/k/a Willie Love appeals his convictions and sentences for attempted armed robbery with a firearm and possession of a firearm during the commission of a felony. We vacate the conviction and sentence for possession of a firearm during the commission of a felony. Otherwise, we affirm. Although Graham raises several issues in this appeal, the only issue that has merit stems from Graham’s convictions and sentences for the offenses of attempted armed robbery with a firearm and use of a firearm during the commission of a felony. We hold that these dual convictions constitute a violation of double jeopardy under the authority of Perez v. State, 528 So. 2d 129 (Fla. 3d DCA 1988).
The conviction and sentence for use of a firearm during the commission of a felony is vacated.
LEHAN, A.C.J., and THREADGILL and PARKER, JJ., concur.
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Quinten L. Cleveland v. State, 587 So. 2d 1145 (Fla. 1991)…McDONALD, Justice. We review Cleveland v. State, 574 So. 2d 289 (Fla. 5th DCA 1991), because of direct conflict with Graham v. State, 559 So. 2d 410 (Fla. 2d DCA 1990).* Cleveland was convicted of and sentenced for the two crimes of attempted robbery with a firearm, sections 812.13(1) and (2)(a) and 777.04, Florida Statutes (1989), and use of a firearm while committing a felony, section 790.07(…
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Sanders v. State, 621 So. 2d 723 (Fla. 5th DCA 1993)…699 (Fla. 3d DCA 1992); Galban v. State, 605 So. 2d 579 (Fla. 3d DCA 1992); Pearson v. State, 603 So. 2d 676 (Fla. 3d DCA 1992); Davis v. State, 590 So. 2d 496 (Fla. 3d DCA 1991); Goodman v. State, 567 So. 2d 37 (Fla. 3d DCA 1990); Graham v. State, 559 So. 2d 410 (Fla. 2d DCA 1990); Denmark v. State, 538 So. 2d 68 (Fla. 1st DCA 1989); Perez v. State, 528 So. 2d 129 (Fla. 3d DCA 1988); Henderson v. State, 526 So. 2d 743 (Fla. 3d DCA 1988); McKinnon v. State, 523 So. 2d 1238 (Fla. 1st DCA 1988). . Cave v. Sta…
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Elliot Reno Whatley v. State, 679 So. 2d 1269 (Fla. 2d DCA 1996)…. See also Cleveland v. State, 587 So. 2d 1145 (Fla.1991) (when robbery is enhanced due to use of a firearm, the use of the same firearm cannot form the basis of a separate conviction for use of a firearm while committing a felony); Graham v. State, 559 So. 2d 410 (Fla. 2d DCA 1990) (dual convictions for attempted armed robbery and use of a firearm during the commission of a felony constitute a violation of double jeopardy); Perez v. State, 528 So. 2d 129 (Fla. 3d DCA 1988) (display of firearm conviction was…
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- Perez v. State, 528 So. 2d 129 (Fla. 3d DCA 1988)