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Florida District Courts of Appeal, 1985

McCray v. State

McCray v. State
Florida District Courts of Appeal · Decided October 1, 1985 · Nesbitt, Pearson, Schwartz
475 So. 2d 1344; 10 Fla. L. Weekly 2279; 1985 Fla. App. LEXIS 16135 (Southern Reporter, Second Series)

McCray v. State

Opinion of the Court

PER CURIAM.

Possession of a firearm while engaged in a criminal offense is not a necessarily-lesser-included offense of first-degree murder, and therefore, the separate convictions of the defendant for those crimes are affirmed. See State v. Boivin (Fla. 1985) (Case No. 64,368, opinion filed August 29, 1985) (possession of a firearm during commission of a felony, first-degree murder); State v. Baker, 456 So.2d 419 (Fla. 1984) (use of a firearm during commission of a felony, first-degree murder); State v. Gibson, 452 So.2d 553 (Fla. 1984) (on rehearing) (use or display of a firearm during commission of a felony, armed robbery).

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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