Florida District Courts of Appeal, 1990

De La Cruz v. State

De La Cruz v. State
Florida District Courts of Appeal · Decided April 24, 1990 · Barkdull, Baskin, Nesbitt
560 So. 2d 328; 1990 Fla. App. LEXIS 2807; 1990 WL 49828 (Southern Reporter, Second Series)

De La Cruz v. State

Opinion of the Court

PER CURIAM.

We find the conviction for possession of a firearm during the commission of a felony, § 790.07, Florida Statutes (1985), to be erroneous because the elements of that crime duplicate certain elements of the crime of second-degree murder with a firearm, § 782.04, Florida Statutes (1985), of which the defendant was also convicted. Hall v. State, 517 So.2d 678 (Fla. 1988); Carawan v. State, 515 So.2d 161 (Fla. 1987). Accordingly, the defendant’s conviction for possession of a firearm during the commission of a felony must be vacated. However, the second-degree murder conviction and sentence are affirmed.

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