DANNY LEE GOODMAN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Appellant's conviction for second-degree murder affirmed, but conviction and sentence for firearm possession arising from the same act reversed and remanded for resentencing because a defendant cannot be convicted and sentenced for both offenses arising from a single criminal act.
A defendant cannot be convicted and sentenced for both second-degree murder and possession of a firearm in commission of murder when both charges arise from the same single act.
[1] A defendant cannot be convicted and sentenced for both second-degree murder and possession of a firearm in commission of murder when both charges arise from a single act.
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Join FLexlaw to unlock all legal intelligenceGoodman was charged with second-degree murder with a firearm and possession of a firearm in commission of a murder. A jury convicted him on both count…
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PER CURIAM.
The appellant was charged, among other things, with second degree murder with a firearm, and possession of a firearm in the commission of a murder. A jury returned a guilty verdict on both of these counts and the defendant was subsequently sentenced on both counts. This appeal ensued.
The appellant contends first, that he is entitled to a new trial because the trial court erred in granting a pretrial state’s motion in limine preventing cross examination' of a juvenile witness for the state with his prior juvenile record, and second, that if the convictions are sustained, it was error to convict and sentence for the possession of a firearm, which arose out of the single act of the alleged second degree murder. We affirm on the first point upon this record. See Lawton v. State, 538 So. 2d 1369 (Fla. 3d DCA 1989); Bishop v. State, 438 So. 2d 86 (Fla. 4th DCA 1983); § 39.12(7) Florida Statutes (1987). And as to the second point, the state concedes error on the following authority, Ambroa v. State, 547 So. 2d 294 (Fla. 3d DCA 1989); Smith v. State, 539 So. 2d 601 (Fla. 3d DCA 1989); Henderson v. State, 526 So. 2d 743 (Fla. 3d DCA 1988), and remand the matter to the trial court for correction of the sentence on the possession conviction.
Affirmed in part, reversed in part with directions.
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State v. J.M., 824 So. 2d 105 (Fla. 2002)…tat. (2001) (stating that adjudications of delinquency are not to be used as convictions for purpose of impeachment); Rivers v. State, 792 So. 2d 564, 565 (Fla. 1st DCA 2001); Martin v. State, 710 So. 2d 58, 59 (Fla. 4th DCA 1998); Goodman v. State, 567 So. 2d 37, 37 (Fla. 3d DCA 1990). Furthermore, Florida courts have held that adjudications of delinquency cannot be used as “convictions” for the purpose of sentencing a defendant as a habitual offender. See Cotton v. State, 652 So. 2d 1260, 1260 (Fla. 1st DC…
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Sanders v. State, 621 So. 2d 723 (Fla. 5th DCA 1993)…So. 2d 678 (Fla.1988); Benedit v. State, 610 So. 2d 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,…
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Benedit v. State, 610 So. 2d 699 (Fla. 3d DCA 1992)…ht against double jeopardy. Cleveland v. State, 587 So. 2d 1145 (Fla.1991); Galban v. State, 605 So. 2d 579 (Fla. 3d DCA1992); Pearson v. State, 603 So. 2d 676 (Fla. 3d DCA1992); Sessions v. State, 597 So. 2d 832 (Fla. 3d DCA1992); Goodman v. State, 567 So. 2d 37 (Fla. 3d DCA1990); Henderson v. State, 526 So. 2d 743 (Fla. 3d DCA1988). This being so, the defendant was entitled to have this constitutionally barred conviction and sentence set aside under Rule 3.850. See Gandy v. State, 560 So. 2d 1363 (Fla. 1st…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Health Care & Ret. Corp. OF Am. v. Dep't of Health & Rehabilitative Servs., 526 So. 2d 743 (Fla. 1st DCA 1988)
- Smith v. State, 539 So. 2d 601 (Fla. 3d DCA 1989)
- Torrence Lawton v. State, 538 So. 2d 1369 (Fla. 3d DCA 1989)
- Bishop v. State, 438 So. 2d 86 (Fla. 4th DCA 1983)
- Ramirez v. State, 547 So. 2d 294 (Fla. 3d DCA 1989)