ANTHONY BUSH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Court affirmed armed robbery and grand theft convictions but reversed the firearm conviction as a double jeopardy violation where the same firearm use enhanced the robbery charge.
A defendant cannot be separately convicted and sentenced for use of a firearm while committing grand theft when the same firearm use formed the basis for an armed robbery conviction arising from the same incident.
[1] When a robbery conviction is enhanced by use of a firearm, the same firearm use cannot support a separate conviction for use of a firearm while committing a felony, as th…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“when a robbery conviction is enhanced because of the use of a firearm in committing the robbery, the single act involving the use of the same firearm in the commission of the same robbery cannot form the basis of a separate conviction and sentence for the use of a firearm while committing a felony under section 790.07(2).”
Court citing Cleveland v. State to explain the double jeopardy principle prohibiting dual convictions based on the same firearm use.
Anthony Bush was convicted of armed robbery, grand theft, and use of a firearm while committing felony grand theft stemming from a single jewelry stor…
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Anthony Bush appeals his convictions and sentences for armed robbery, grand theft, and the use of a firearm while committing felony grand theft. We affirm the convictions and sentences for armed robbery and grand theft without further comment, but reverse and vacate the conviction for use of a firearm while committing grand theft based on the State’s proper concession of error.
Bush’s conviction for the three offenses stemmed from the same incident, a robbery of a jewelry store. In finding him guilty of armed robbery, the jury determined Bush was in actual possession of a firearm during the offense. As such, the additional conviction for use of a firearm while- committing felony grand theft resulted in a double jeopardy violation. See Cleveland v. State, 587 So.2d 1145, 1146 (Fla.1991) (“[W]hen a robbery conviction is enhanced because of the use of a firearm in committing the robbery, the single act involving the use of the same firearm in the commission of the same robbery cannot form the basis of a separate conviction and sentence for the use of a firearm while committing a felony under section 790.07(2).”). The State concedes the conviction was in error and must be vacated.
Accordingly, we affirm the convictions and sentences for armed robbery and grand theft but vacate the conviction and sentence for use of a firearm while committing grand theft.
AFFIRMED IN PART, REVERSED IN PART, and REMANDED
THOMAS, MARSTILLER, and MAKAR, JJ., concur.