De La Cruz v. State
Cases that cite this one
1 later published case cites this decision.
- Dobek v. Ans (Fla. Dist. Ct. App. 1990)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.