De La Cruz v. State
Florida District Courts of Appeal
De La Cruz v. State, 560 So. 2d 328 (1990)
1990 Fla. App. LEXIS 2807; 1990 WL 49828
Barkdull, Baskin, Nesbitt
De La Cruz v. State
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.
Reference
- Full Case Name
- Juan DE LA CRUZ v. The STATE of Florida
- Cited By
- 1 case
- Status
- Published