STEVEN WILLIAMS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Steven Williams appeals his convictions for aggravated assault with a firearm and possession of a firearm while engaged in a criminal offense. He contends that the two convictions impermissibly impose dual punishment for a single act. We conclude that the convictions are proper under section 775.021, Florida Statutes (1989) and the pre-Carawan * case of Reynolds v. State, 452 So. 2d 1018 (Fla. 3d DCA 1984). See also Jones v. State, 524 So. 2d 1058 (Fla. 3d DCA), review denied, 534 So. 2d 400 (Fla.1988). Compare Williams v. State, 560 So. 2d 311 (Fla. 1st DCA 1990) (armed robbery and display of firearm while committing a felony) with Dixon v. State, 546 So. 2d 1194, 1197-98 (Fla. 3d DCA 1989) (same; dictum), approved, 558 So. 2d 1001 (Fla.1990). See generally State v. McCloud, 16 F.L.W. S194, 577 So. 2d 939 (Fla.1991) (sale and possession of same contraband).
Affirmed.
*
Carawan v. State, 515 So. 2d 161 (Fla.1987) (legislatively overruled by chapter 88-131, § 7, Laws of Florida, see State v. Smith, 547 So. 2d 613, 617 (Fla.1989)).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jones v. Singletary, 621 So. 2d 760 (Fla. 3d DCA 1993)…le [§§ 782.04(4), 790.19, Fla.Stat. (1989)] and (2) unlawful possession of a firearm during the commission of a felony, to wit; the third-degree murder stated above [§§ 790.07(2), 782.04(4), 790.19, Fla. Stat. (1989) ] were affirmed. Jones v. State, 578 So. 2d 473 (Fla.3d DCA 1991). We deny the petition without prejudice to the petitioner to apply for relief in the trial court on a motion to vacate judgment and sentence under Fla.R.Crim.P. 3.850. First, we conclude, in accord with the position taken by both…
Authorities Cited
- Dion Michael Carawan v. State, 515 So. 2d 161 (Fla. 1987)
- State v. Smith, 547 So. 2d 613 (Fla. 1989)
- State v. McCLOUD, 577 So. 2d 939 (Fla. 1991)
- Calhoun v. State, 546 So. 2d 1194 (Fla. 1st DCA 1989)
- Reynolds v. State, 452 So. 2d 1018 (Fla. 3d DCA 1984)
- Williams v. State, 560 So. 2d 311 (Fla. 1st DCA 1990)
- State v. Dixon, 558 So. 2d 1001 (Fla. 1990)
- State v. Miles, 558 So. 2d 1001 (Fla. 1990)
- Jones v. State, 524 So. 2d 1058 (Fla. 3d DCA 1988)