ARTHUR HALL A/K/A ARTHUR HICKS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
ARTHUR HALL A/K/A ARTHUR HICKS, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
752 So. 2d 1245
Florida District Court of Appeal, Third District (2000)
Positive Treatment
Cited by 7 cases
Opinion of the Court
PER CURIAM.
We reverse the order denying defendant’s motion to correct illegal sentence. After return of the jury’s verdict, the court recognized that double jeopardy prohibited conviction for both unlawful possession of a firearm while engaged in a criminal offense and robbery with a firearm. However, the written judgment reflects adjudications of guilt on both counts. As the state properly concedes, the conviction and sentence for unlawful possession of a firearm must be vacated.
Accordingly, we reverse the order and remand for correction of the judgment and sentence.
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Citator
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Merrell v. State, 841 So. 2d 677 (Fla. 3d DCA 2003)…on this count is illegal and must be vacated as violative of the double jeopardy clause where he was also convicted of two counts of armed robbery, two counts of armed kidnaping, and one count of armed burglary in this same case. See Hall v. State, 752 So. 2d 1245 (Fla. 3d DCA 2000). Affirmed in part. Reversed and remanded with directions in part.…
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Elozar v. State, 872 So. 2d 934 (Fla. 5th DCA 2004)…mmitting a crime, the single act of using that same firearm in the commission of the same felony cannot form the basis of a separate sentence and conviction for use of a firearm while committing a felony under section 790.07(2)....”); Hall v. State, 752 So. 2d 1245, 1246 (Fla. 3d DCA 2000). Accordingly, we reverse the conviction for possession of a firearm during the commission of a felony. We also reverse the consecutive minimum mandatory sentences for. the two robbery offenses and remand this case to the tr…
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Williams v. State, 109 So. 3d 831 (Fla. 3d DCA 2013)
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