Florida District Courts of Appeal, 1982

Pierre v. State

Pierre v. State
Florida District Courts of Appeal · Decided May 18, 1982 · Baskin, Nesbitt, Pearson
414 So. 2d 30; 1982 Fla. App. LEXIS 20134 (Southern Reporter, Second Series)

Pierre v. State

Opinion of the Court

PER CURIAM.

Upon the authority of State v. Hegstrom, 401 So.2d 1343 (Fla. 1981), we vacate the sentence imposed for possession of a firearm while engaged in a criminal offense; we affirm the conviction.

Consistent with our certification in Marshall v. State, 413 So.2d 872 (Fla. 3d DCA 1982) (on rehearing), we certify to the Supreme Court of Florida, as a matter of great public importance, the question of whether trial courts are empowered to impose separate punishments for the statutory offenses relating to the use of a firearm during the commission of a felony and the commission of that same felony by the use of a firearm.

Affirmed.

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