THE STATE OF FLORIDA, APPELLANT,
v.
DERRICK HANNA, APPELLEE
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The court held that unlawful possession of a firearm counts are not duplicative of other offenses when each offense has a unique statutory element, as intended by the legislature.
The defendant was convicted of attempted first-degree murder, armed robbery, armed burglary, and unlawful possession of a firearm. The trial court vac…
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PER CURIAM.
The state appeals from an order vacating the defendant's judgment and sentence on the charge of unlawful possession of a firearm. We reverse.
The trial court erred in dismissing the counts for unlawful possession of a firearm as duplicative of the charges and convictions for attempted first-degree murder, armed robbery, and armed burglary. Under the statutory amendment to section 775.021(4), Florida Statutes (1990), which superceded Carawan v. State, 515 So. 2d 161 (Fla.1987), the dual convictions are proper because the legislature expressed its intent that all criminal offenses containing, as here, a unique statutory element shall be separately punished. Gidden v. State, 573 So. 2d 153 (Fla. 3d DCA 1991); Brunson v. State, 568 So. 2d 1344 (Fla. 3d DCA 1990). The offenses in this case occurred after the effective date of the statutory amendment.
Since our decision is based on a post-Ca-rawan analysis of section 775.021(4), we do not reach defendant’s claim that he could not be convicted of the firearm charge since his other offenses were enhanced or aggravated by the fact he possessed a firearm. Reversed and remanded with directions to reinstate the firearm count of the information and the original sentence imposed.
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Kern Ron Davis v. State, 590 So. 2d 496 (Fla. 3d DCA 1991)…d on the controlling authority of Cleveland v. State, 587 So. 2d 1145 (Fla.1991); see also Hall v. State, 517 So. 2d 678 (Fla.1988). This result, which is compelled by Cleveland, necessarily means that our prior contrary decisions in State v. Hanna, 576 So. 2d 410 (Fla. 3d DCA 1991) and Dukes v. State, 1991 WL 188026 (Fla. 3d DCA 1991) (case no. 89-3009, opinion filed September 24, [*497] 1991) [16 F.L.W. D2495] no longer represent the law. As to the armed robbery conviction, the defendant’s sole point on a…
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Damon v. State, 718 So. 2d 305 (Fla. 2d DCA 1998)…nvictions and resulting sentences are prohibited by State v. Brown, 633 So. 2d 1059 (Fla.1994), and State v. Stearns, 645 So. 2d 417 (Fla.1994). The trial court apparently rejected the reasoning of these cases and instead relied upon State v. Hanna, 576 So. 2d 410 (Fla. 3d DCA 1991), which the Third District specifically acknowledged the same year that it was issued “no longer represents the law.” Davis v. State, 590 So. 2d 496, 497 (Fla. 3d DCA 1991). The double jeopardy claim Damon raises is cognizable in…
Authorities Cited
- Dion Michael Carawan v. State, 515 So. 2d 161 (Fla. 1987)
- Brunson v. State, 568 So. 2d 1344 (Fla. 3d DCA 1990)
- Gidden v. State, 573 So. 2d 153 (Fla. 3d DCA 1991)