MORRIS LEE SALES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
Appellant, Morris Lee Sales, seeks reversal of his convictions for second degree murder with a firearm and unlawful possession of a firearm during the commission of a felony. We affirm the judgment and sentence on the second degree murder count. However we vacate the conviction for possession of a firearm during the commission of a felony.
The defendant’s separate convictions for second degree murder with a firearm and possession of a firearm during the commission of a felony, based upon the same act, were impermissibly duplicative and violated the defendant’s double jeopardy rights. See Thomas v. State, 617 So. 2d 1128 (Fla. 3d DCA 1993); Galban v. State, 605 So. 2d 579 (Fla. 3d DCA 1992); Nixon v. State, 603 So. 2d 660 (Fla. 3d DCA 1992). Accordingly, the conviction for possession of a firearm during the commission of a felony must be reversed.
Affirmed in part; reversed in part, and remanded for resentencing.
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Gantorius v. State, 761 So. 2d 488 (Fla. 3d DCA 2000)….1991); Marmol v. State, 750 So. 2d 764, 766 (Fla. 3d DCA 2000); Acosta v. State, 738 So. 2d 487, 488 (Fla. 3d DCA 1999); Vidal v. State, 704 So. 2d 746 (Fla. 3d DCA 1998); Wimberly v. State, 649 So. 2d 338 (Fla. 3d [*490] DCA 1995); Sales v. State, 653 So. 2d 456 (Fla. 3d DCA 1995). Accordingly, we reverse with directions that the appellant’s conviction and sentence for possession of a firearm during the commission of a felony be vacated. Obviously, our resolution of this issue is squarely dependent upon ou…
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Perry v. Singletary, 697 So. 2d 1323 (Fla. 3d DCA 1997)…nlawful possession of a firearm while engaged in a criminal offense. The separate convictions were, as petitioner suggests, based on the same act. The petition is therefore meritorious. Cleveland v. State, 587 So. 2d 1145 (Fla.1991); Sales v. State, 653 So. 2d 456 (Fla. 3d DCA 1995). We reverse the petitioner’s conviction and sentence in count 3 of the information. We remand to the trial court with directions to vacate the judgment of conviction and sentence. Reversed and remanded with instructions.…
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LEE v. State (Fla. 3d DCA 2021)…); see also Cleveland v. State, 587 So. 2d 1145, 1146 (Fla. 1991); Marmol v. State, 750 So.2d 764, 766 (Fla. 3d DCA 2000); Acosta v. State, 738 So. 2d 487, 488 (Fla. 3d DCA 1999); Vidal v. State, 704 So. 2d 746 (Fla. 3d DCA 1998); Sales v. State, 653 So. 2d 456 (Fla. 3d DCA 1995). Accordingly, we reverse with directions that Lee’s conviction and sentence for possession of a firearm during the commission of a felony be vacated. We find Lee’s remaining argument regarding exclusion of the defense expert o…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Lavelle Nixon v. State, 603 So. 2d 660 (Fla. 3d DCA 1992)
- Galban v. State, 605 So. 2d 579 (Fla. 3d DCA 1992)
- Lucious Kelvin Thomas v. State, 617 So. 2d 1128 (Fla. 3d DCA 1993)