GARY MERRELL, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
GARY MERRELL, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
841 So. 2d 677
Florida District Court of Appeal, Third District (2003)
Positive Treatment
Cited by 10 cases
Opinion of the Court
PER CURIAM.
We affirm the order denying the appellant’s motion to correct illegal sentence in all respects except his conviction for unlawful possession of a firearm during the commission of a felony in Case No. 89-5491. Appellant correctly argues, as conceded by the state, that his conviction 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Harris v. State, 12 So. 3d 764 (Fla. 3d DCA 2008)…See State v. McBride, 848 So. 2d 287 (Fla.2003). Harris, however, was not convicted for life felonies, but for first degree felonies punishable by life. Therefore, he was properly sentenced, as a habitual offender, to a life sentence. Pope v. State, 841 So. 2d 677, 679 (Fla. 5th DCA 2003). Finding no manifest injustice or disparate treatment, we, therefore, deny the petition for writ of habeas corpus. Petition denied.…
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Elozar v. State, 872 So. 2d 934 (Fla. 5th DCA 2004)…use of a firearm during the commission of a felony where the defendant was convicted of, and sentenced for, the crimes of attempted robbery with a firearm and use of a firearm while committing a felony stemming from a single act); Merrell v. State, 841 So. 2d 677 (Fla. 3d DCA 2003); Law v. State, 824 So. 2d 1055, 1058 (Fla. 5th DCA 2002) (observing that the supreme court had determined “that when a felony conviction is reclassified and enhanced under section 775.087(2) ... due to the defendant’s use ’ of a f…
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Williams v. State, 109 So. 3d 831 (Fla. 3d DCA 2013)…bery cannot form the basis of a separate conviction and sentence for the use of a firearm while committing a felony); see also Gracia v. State, 98 So. 3d 1243 (Fla. 3d DCA 2012); Williams v. State, 83 So. 3d 929 (Fla. 3d DCA 2012); Merrell v. State, 841 So. 2d 677 (Fla. 3d DCA 2003); Hall v. State, 752 [*833] So. 2d 1245 (Fla. 3d DCA 2000); Brown v. State, 617 So. 2d 744 (Fla. 1st DCA 1993). We therefore reverse Williams’ conviction and sentence for possession of a firearm while committing a felony. We affirm…
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- Hall v. State, 752 So. 2d 1245 (Fla. 3d DCA 2000)