WOODY WRIGHT, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed Wright's robbery with a firearm conviction but reversed his conviction for unlawful firearm possession during the robbery, holding that dual convictions for these offenses are impermissible.
A defendant cannot be convicted and sentenced for both robbery with a firearm and unlawful possession of a firearm during the commission of that same robbery.
[1] A defendant may not be convicted and sentenced for both robbery with a firearm and unlawful possession of a firearm during the commission of that same robbery, as these c…
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Join FLexlaw to unlock all legal intelligenceWoody Wright was convicted of robbery with a firearm and unlawful possession of a firearm while engaged in a criminal offense. The trial court adjudic…
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PER CURIAM.
Appellant, Woody Wright, appeals his conviction and sentence for robbery with a firearm and unlawful possession of a firearm while engaged in a criminal offense.' We affirm in part, reverse in part, and remand.
Appellant first contends the trial court reversibly erred in failing to rule that the State improperly excluded one black juror. We do not agree. We conclude the State articulated a clear and reasonably specific, racially neutral reason for its challenge, which reason was supported by the record. See State v. Slappy, 522 So. 2d 18 (Fla.), cert. denied, 487 U.S. 1219, 108 S.Ct. 2873, 101 L.Ed.2d 909 (1988).
Appellant next contends, and the State concedes, that the trial court erred in adjudicating and sentencing him for both robbery with a firearm and possession of a firearm during the commission of that robbery. We agree that dual convictions for robbery with a firearm and possession of a firearm during the commission of that robbery, is impermissible. Carawan v. State, 515 So. 2d 161 (Fla.1987); Monsanto v. State, 530 So. 2d 952 (Fla. 3d DCA 1988).
Accordingly, we affirm the conviction and sentence for robbery with a firearm and reverse the conviction and sentence for possession of a firearm while engaged in a criminal offense.
Affirmed in part, reversed in part, and remanded.
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Torrence v. State, 574 So. 2d 1188 (Fla. 3d DCA 1991)…s in this case took place prior to the effective date of the statute, and, accordingly, the said statute is inapplicable to this case. State v. Smith, 547 So. 2d 613 (Fla.1989); Hollinger v. State, 564 So. 2d 262 (Fla. 3d DCA 1990); Wright v. State, 561 So. 2d 1197 (Fla. 3d DCA 1990); Stanley v. State, 560 So. 2d 1269 (Fla. 3d DCA 1990); Salazar v. State, 560 So. 2d 1207 (Fla. 3d DCA), cause dismissed, 567 So. 2d 435 (Fla.1990); Jones v. State, 547 So. 2d 1278 (Fla. 3d DCA 1990); Gonzalez v. State, 543 So. 2d…
Authorities Cited
- Dion Michael Carawan v. State, 515 So. 2d 161 (Fla. 1987)
- State v. Slappy, 522 So. 2d 18 (Fla. 1988)
- Men's Int'l Prof'l Tennis Council v. Volvo N. Am. Corp., 487 U.S. 1219 (U.S. 1988)
- Waste Mgmt. of Wis., Inc. v. Wis. Dep't of Natural Res., 487 U.S. 1219 (U.S. 1988)
- Boyd Alfred Monsanto v. State, 530 So. 2d 952 (Fla. 3d DCA 1988)