ROBERT EARL HUBBARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant's convictions for first-degree murder, armed robbery, aggravated battery, and felon in possession of firearm affirmed, but conviction for use of firearm during felony struck as duplicative of armed robbery conviction arising from same criminal episode.
A defendant may not be convicted and sentenced for both armed robbery with a firearm and use of a firearm during commission of a felony when both crimes arise from the same criminal transaction.
[1] A defendant may not be convicted and sentenced for both armed robbery with a firearm and use of a firearm during commission of a felony when both offenses arise from the…
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Join FLexlaw to unlock all legal intelligence“defendant may not be convicted and sentenced to both possession of a firearm during the commission of a felony and armed robbery with a firearm where both crimes occurred during the same criminal transaction”
Court citing Brown v. State for the legal principle prohibiting dual convictions for overlapping firearm offenses in a single criminal episode
Robert Earl Hubbard was convicted by jury of first-degree murder, robbery with a firearm, use of a firearm while committing a felony, aggravated batte…
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PER CURIAM.
Robert Earl Hubbard appeals his convictions and sentences imposed after a jury found him guilty of first degree murder,1 robbery with a firearm,2 use of a firearm while committing or attempting to commit a felony,3 aggravated battery,4 and possession of a firearm by a convicted felon5. We find no merit to his appeal except his contention that his dual convictions for robbery with a firearm and the use of a firearm while committing a felony, both of which arose from a single criminal episode, are improper. The state properly concedes error. See Brown v. State, 617 So. 2d 744, 747 (Fla. 1st DCA 1993) (stating that defendant may not be convicted and sentenced to both possession of a firearm during the commission of a felony and armed robbery with a firearm where both crimes occurred during the same criminal transaction), approved, 633 So. 2d 1059 (Fla.1994). Accordingly, we strike Hubbard’s conviction and sentence for using a firearm while committing a felony, but otherwise affirm his remaining convictions and sentences.
AFFIRMED as Modified.
DAUKSCH, GOSHORN and PETERSON, JJ., concur. . § 782.04, Florida Statutes (1989):
. § 812.13(1), (2)(a), Florida Statutes (1989).
. § 790.07(2), Florida Statutes (1989).
. § 784.045(l)(a)l, Florida Statutes (1989).
. § 790.23, Florida Statutes (1989).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Brown, 633 So. 2d 1059 (Fla. 1994)
- Brown v. State, 617 So. 2d 744 (Fla. 1st DCA 1993)