Williams v. State

Florida District Courts of Appeal
Williams v. State, 539 So. 2d 35 (1989)
14 Fla. L. Weekly 682; 1989 Fla. App. LEXIS 1284; 1989 WL 21401
Ferguson, Levy, Nesbitt

Williams v. State

Opinion of the Court

PER CURIAM.

The State concedes, correctly, that a conviction for possession of a firearm in the commission of a felony is unconstitutional where a defendant is also convicted of armed kidnapping. Carawan v. State, 515 So. 2d 161 (Fla. 1987); see Heath v. State, 532 So.2d 9 (Fla. 1st DCA 1988). For that reason the firearms conviction is reversed. Viera v. State, 532 So.2d 743 (Fla. 3d DCA 1988).

A review of the record discloses no grounds for overturning the conviction or sentences for first-degree murder, armed kidnapping, battery on a police officer, resisting arrest with violence, and leaving the scene of an accident.

AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR CORRECTION OF THE JUDGMENT.

Reference

Full Case Name
Jesse Paul WILLIAMS v. The STATE of Florida
Cited By
3 cases
Status
Published