RODNEY ROGERS, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Douglas v. State, 878 So. 2d 1246 (Fla. 2004)
  …ible to enhance the defendant's third-degree murder conviction to a first-degree felony based on the use of a firearm where "the jury was instructed that the use of a firearm was an essential element of third-degree felony murder”); Tunsil v. State, 797 So. 2d 651, 652-53 (Fla. 3d DCA 2001) (holding that under Gonzalez "it was impermissible to enhance the third degree murder on account of the use of a firearm, as the use of a firearm had already been taken into account in the underlying charge of aggravated a…
• Redwin Anderson Wilchcombe v. State, 842 So. 2d 198 (Fla. 3d DCA 2003)
  …utive sentences). Where, as here, two or more enhanced sentences arise out of the same criminal episode, the sentences should run concurrently. Jackson v. State, 659 So. 2d 1060 (Fla.1995); Palmer v. State, 438 So. 2d 1 (Fla.1983); Tunsil v. State, 797 So. 2d 651 (Fla. 3d DCA 2001); Lafleur v. State, 661 So. 2d 346 (Fla. 3d DCA 1995). Accordingly, we affirm the convictions, and remand this matter to the trial court for resentencing.…
• Anderson v. State, 988 So. 2d 144 (Fla. 1st DCA 2008)
  …because the use of a firearm has already been taken into ac [*146] count in the underlying charge of aggravated assault. See, e.g., Gonzalez v. State, 585 So. 2d 932 (Fla.1991); Collazo v. State, 936 So. 2d 782 (Fla. 4th DCA 2006); Tunsil v. State, 797 So. 2d 651 (Fla. 3d DCA 2001). The state does not dispute the merits of petitioner’s argument that his conviction was erroneously reclassified, asserting instead that this claim would not be cognizable in a rule 3.800(b)(2) motion, and appellate counsel ther…

Authorities Cited

• Mendez v. State, 747 So. 2d 1032 (Fla. 3d DCA 1999)