Florida District Courts of Appeal, 1989

Ambroa v. State

Ambroa v. State
Florida District Courts of Appeal · Decided August 8, 1989 · Barkdull, Ferguson, Jorgenson
547 So. 2d 294; 14 Fla. L. Weekly 1875; 1989 Fla. App. LEXIS 4469; 1989 WL 88034 (Southern Reporter, Second Series)

Ambroa v. State

Opinion of the Court

PER CURIAM.

Where a defendant’s conviction for second degree murder is enhanced due to the use of a firearm, the defendant cannot also be convicted for possession of that firearm in the commission of a felony where both charges arise from a single act. Smith v. State, 539 So.2d 601 (Fla. 3d DCA 1989); Henderson v. State, 526 So.2d 743 (Fla. 3d DCA 1988).

■ The conviction for possession of a firearm in the course of committing a felony is reversed and the cause is remanded for further proceedings.

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