BOBBY ROSS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
This is an appeal by the defendant Bobby Ross from judgments of convictions and sentences for first-degree murder, attempted armed robbery, and possession of a firearm while engaged in a criminal offense. §§ 782.04, 812.13, and 790.07(2), Fla. Stat. (1993). The defendant raises several points on appeal, only one of which presents reversible error. We agree with the defendant that his convictions for both the offense of attempted armed robbery and the offense of possession of a firearm in the commission of that criminal offense violate the defendant’s constitutional privilege against double jeopardy. § 775.021(4), Fla. Stat. (1993); State v. Steams, 645 So. 2d 417 (Fla.1994); Johnson v. Singletary, 625 So. 2d 1251 (Fla. 3d DCA 1993). Accordingly, we vacate the conviction and sentence for possession of a firearm, and affirm the defendant’s remaining convictions and sentences.
Reversed in part, affirmed in part.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bannister v. State, 844 So. 2d 767 (Fla. 3d DCA 2003)…nt is not entitled to any relief. The charge of second degree murder, to which the defendant pled guilty, is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life. § 782.04, Fla. Stat. (1979); Page v. State, 687 So. 2d 1357 (Fla. 3d DCA 1997). If enhanced for use of a weapon, see § 775.087(1), Fla. Stat. (1979), it becomes a life felony. State v. Whitehead, 472 So. 2d 730, 731 (Fla.1985). Under either analysis, life imprisonment is an authorized penalty for this crime.…
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Shaffer v. State, 710 So. 2d 79 (Fla. 4th DCA 1998)…to this case, held that armed burglary is a continuing offense, and double jeopardy bars the state from convicting and sentencing the defendant for two offenses involving a firearm that arise out of the same criminal episode. See also Ross v. State, 687 So. 2d 1357 (Fla. 3d DCA 1997). We, therefore, reverse Shaffer’s conviction for carrying a concealed firearm and remand for resentencing. As to all other aspects of the final judgment, we affirm. KLEIN and GROSS, JJ., concur.…
Authorities Cited
- City OF Sarasota v. Mikos, 645 So. 2d 417 (Fla. 1994)
- State v. Stearns, 645 So. 2d 417 (Fla. 1994)
- Johnson v. Singletary, 625 So. 2d 1251 (Fla. 3d DCA 1993)