WILLIE E. SHULER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
WILLIE E. SHULER, APPELLANT,
STATE OF FLORIDA, APPELLEE
929 So. 2d 645
Florida District Court of Appeal, First District (2006)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The appellant challenges his convictions for possession of a firearm by a convicted felon and driving while license suspended or revoked. Although his other arguments lack merit, the appellant correctly argues that the trial court erred in denying his motion for a severance of the charges. See Tucker v. State, 884 So. 2d 168 (Fla. 2d DCA 2004); State v. Vazquez, 419 So. 2d 1088 (Fla.1982). The appellant’s conviction for driving while license suspended or revoked is therefore reversed and the case is remanded on that count. The conviction for possession of a firearm by a convicted felon is not affected by the trial court’s error and is affirmed.
AFFIRMED in part, REVERSED in part, and REMANDED.
ALLEN, VAN NORTWICK, and POLSTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
McGRIFF v. State, 160 So. 3d 167 (Fla. 1st DCA 2015)…nse claim was based upon section 776.012(1), not section 776.013(3). Accordingly, the trial court should have severed count II from the remaining charges for purposes of trial, See State v. Vazquez, 419 So. 2d 1088, 1090 (Fla.1982); Shuler v. State, 929 So. 2d 645 (Fla. 1st DCA 2006); Monson v. State, 627 So. 2d 1301, 1302 (Fla. 1st DCA 1993). For these reasons, we reverse Appellant’s judgment and sentence on counts I (manslaughter) and III (carrying a concealed firearm) and remand for a new trial on those c…
Authorities Cited
- State v. Vazquez, 419 So. 2d 1088 (Fla. 1982)
- Little Tommy Tucker v. State, 884 So. 2d 168 (Fla. 2d DCA 2004)