KENNETH L. MAEWEATHER, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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OVERTON, Justice.
We have for review Maeweather v. State, 599 So. 2d 733 (Fla. 1st DCA 1992), in which the district court upheld Maeweather’s conviction of possession of a firearm by a convicted felon and his sentencing as a habitual offender. In upholding Maew-eather’s conviction and sentence, the district court certified the same questions we answered in the negative in Gayman v. State, 616 So. 2d 17 (Fla.1993), and Tillman v. State, 609 So. 2d 1295 (Fla.1992).1
In accordance with our answers to the questions in Gayman and Tillman, we approve the decision of the district court. The other issues raised by Maeweather were not discussed by the district court and we choose not to address them.
It is so ordered.
McDonald, shaw, grimes, kogan and HARDING, JJ., concur. BARKETT, C.J., concurs specially with an opinion.
. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.
BARKETT, Justice,
concurring specially.
I agree with the majority’s resolution of the Tillman issue because Maeweather has been convicted of at least two prior violent felonies. See Tillman v. State, 609 So. 2d 1295 (Fla.1992) (Kogan, J., dissenting).
I also concur with the majority’s affirmative answer to the third question certified by the district court, although I do not find that it is the same question that was certified in Gayman v. State, 616 So. 2d 17 (Fla.1993). The question in this case is whether double jeopardy is violated by Maeweather’s conviction for possession of a firearm by a convicted felon and subsequent sentence as a violent habitual felony offender. Unlike Gayman, I do not find that Maeweather was receiving two enhanced sentences for the same conduct. Accordingly, I concur with the majority’s resolution of this issue.
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Edler v. State, 616 So. 2d 546 (Fla. 1st DCA 1993)…e also used to prove a past conviction, an element of the offense of possession of a firearm by a convicted felon. The double jeopardy argument raised by appellant has been rejected. Maeweather v. State, 599 So. 2d 733 (Fla. 1st DCA 1992), affirmed, 616 So. 2d 16 (Fla.1993). Appellant also claims that the trial court erred in allowing the prosecution to read, in the second trial, the testimony given by a witness to the shooting, Chris Sanders, in the first trial on the aggravated battery charges. We note th…
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Bowdoin v. State, 623 So. 2d 853 (Fla. 1st DCA 1993)…PER CURIAM. AFFIRMED. See State v. Rucker, 613 So. 2d 460 (Fla.1993); Maeweather v. State, 616 So. 2d 16 (Fla.1993); Tillman v. State, 609 So. 2d 1295 (Fla.1992). ERVIN and MINER, JJ., and SHIVERS, Senior Judge, concur.…
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Authorities Cited
- Michael André Funchess v. State, 609 So. 2d 1295 (Fla. 1992)
- Dorcy Gayman v. State, 616 So. 2d 17 (Fla. 1993)
- Maeweather v. State, 599 So. 2d 733 (Fla. 1st DCA 1992)