Baird v. State
Baird v. State
Opinion of the Court
The defendant was convicted and sentenced in connection with a charge of Second Degree Murder With a Firearm and a charge of Attempted Second Degree Murder With a Firearm. In addition, and based upon the same acts that supported the convictions for the two foregoing offenses, the defendant was also convicted and sentenced in connection with a charge of Unlawful Possession of a Firearm During the Commission of a Felony.
The State correctly concedes that, considering the foregoing, it was error for the trial court to convict and sentence the defendant on the charge of Unlawful Possession of a Firearm During the Commission of a Felony. See Carawan v. State, 515 So.2d 161 (Fla. 1987); Jones v. State, 546 So.2d 126 (Fla. 3d DCA 1989). Therefore, the conviction and sentence entered against the defendant in connection with the charge of Unlawful Possession of a Firearm During the Commission of a Felony must be reversed.
The appellant does not challenge either the convictions or the sentences entered against him in connection with the charges of Second Degree Murder with a Firearm
Affirmed in part and reversed in part.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.