TROY MARTIN A/K/A TYRONE WILLIAMS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The defendant appeals his conviction of first-degree murder and use of a firearm in the commission of a felony claiming a Pos-tell 1 violation and the erroneous admission of an Uzi into evidence. We are satisfied that the evidence otherwise adduced against the defendant was overwhelming so that beyond a reasonable doubt the errors did not contribute to the adverse jury verdict. Other points raised are without merit except as to the defendant's conviction for use of a firearm in the commission of a felony. Since the offense in this case was committed prior to the legislative amendment to section 775.021(4), Florida Statutes (Supp.1988), his conviction and resulting sentence are prohibited and therefore reversed. Hall v. State, 517 So. 2d 678 (Fla.1988). Affirmed in part, reversed in part, and remanded.
. Postell v. State, 398 So. 2d 851 (Fla. 3d DCA 1981).
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Citator
Cited By
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State v. Martin, 602 So. 2d 1263 (Fla. 1992)…HARDING, Judge. We have for review Martin v. State, 568 So. 2d 1324 (Fla. 3d DCA 1990), in which the Third District Court of Appeal granted the State’s Motion to Certify the case to accompany Hollinger v. State, 564 So. 2d 262 (Fla. 3d DCA 1990), quashed, 581 So. 2d 153 (Fla.1991). We have consolidated State v. Mart…
Authorities Cited
- Hall v. State, 517 So. 2d 678 (Fla. 1988)
- Postell v. State, 398 So. 2d 851 (Fla. 3d DCA 1981)