RICKY MOBLY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
RICKY MOBLY, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
614 So. 2d 1230
Florida District Court of Appeal, Third District (1993)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Upon the State’s proper confession of error, we vacate the judgment of conviction and sentence as to Count Two: unlawful possession of a weapon during the commission of a felony. See Cleveland v. State, 587 So. 2d 1145 (Fla.1991) (when conviction enhanced for use of firearm during commission of offense, prohibition against double jeopardy prohibits separate conviction and sentence for single act involving use of same firearm in commission of same crime); Pearson v. State, 603 So. 2d 676 (Fla. 3d DCA 1992) (same).
Judgment' of conviction and sentence vacated as to Count Two, affirmed as to Count One; remanded for further proceedings consistent with this opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Johnson v. Singletary, 625 So. 2d 1251 (Fla. 3d DCA 1993)…tion and to convict and sentence Johnson on the separate count of possession of a firearm in the commission of the felony for the single act involving the use of the same firearm. Cleveland v. State, 587 So. 2d 1145, 1146 (Fla.1991); Mobly v. State, 614 So. 2d 1230 (Fla. 3d DCA 1993). The state also concedes that Johnson’s three-year minimum- mandatory sentence for possession of a firearm on the burglary conviction is error. The state recognizes that Johnson was not accused of being in actual possession of a…
Authorities Cited
- Quinten L. Cleveland v. State, 587 So. 2d 1145 (Fla. 1991)
- Bennie Lee Pearson v. State, 603 So. 2d 676 (Fla. 3d DCA 1992)