DAVID WESLEY ROY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Carjacking With A Firearm cases and more on FLexlaw
PER CURIAM.
In this direct criminal appeal, although appellant raises a number of issues, we conclude that only one merits discussion. Appellant challenges his convictions for both carjacking with a firearm and use of a firearm during the commission of a felony as a violation of double jeopardy because both were predicated upon the same episode. We agree. Accordingly, we reverse appellant’s conviction for use of a firearm during the commission of a felony, and remand with directions that the trial court vacate that conviction. See, e.g., M.P. v. State, 682 So. 2d 79 (Fla.1996); State v. Brown, 633 So. 2d 1059 (Fla.1994); Cleveland v. State, 587 So. 2d 1145 (Fla.1991). In all other respects, we affirm.
AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions.
WEBSTER, MICKLE and LAWRENCE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
ROY v. State, 711 So. 2d 1348 (Fla. 1st DCA 1998)…ing with the use of a firearm, burglary of a conveyance, and use of a firearm during the commission of a felony. This court reversed the last conviction and remanded the case with directions that the trial court vacate that conviction. Roy v. State, 693 So. 2d 63, 64 (Fla. 1st DCA 1997). The trial court thereafter vacated and set aside the pertinent conviction and Appellant’s sentence for that offense. Appellant then filed a motion under Florida Rule of Criminal Procedure 3.800(a) for a corrected scoresheet…
-
Britt v. State, 742 So. 2d 286 (Fla. 1st DCA 1998)…PER CURIAM. On the authority of Roy v. State, 693 So. 2d 63 (Fla. 1st DCA 1997), we reverse appellant’s conviction for use of a firearm during the commission of. a felony, and remand with directions that the trial court vacate that conviction and the sentence imposed thereon. In all other respects, we affirm…
Authorities Cited
- Quinten L. Cleveland v. State, 587 So. 2d 1145 (Fla. 1991)
- M.P. v. State, 682 So. 2d 79 (Fla. 1996)
- State v. Brown, 633 So. 2d 1059 (Fla. 1994)