Florida District Courts of Appeal, 1990

Thomas v. State

Thomas v. State
Florida District Courts of Appeal · Decided May 15, 1990 · Ferguson, Gersten, Levy
561 So. 2d 426; 1990 Fla. App. LEXIS 3333; 1990 WL 62887 (Southern Reporter, Second Series)

Thomas v. State

Opinion of the Court

PER CURIAM.

Appellant, Albert Thomas, appeals his convictions and sentences for first degree murder, armed robbery, attempted first degree murder, and possession of a firearm during the commission of a felony. We affirm in part, reverse in part, and remand.

The State conceded that appellant’s conviction of unlawful possession of a firearm must be vacated because it is duplicitous of appellant’s other convictions. See Hall v. State, 517 So.2d 678 (Fla. 1988); Carawan v. State, 515 So.2d 161 (Fla. 1987); Mozqueda v. State, 541 So.2d 777 (Fla.3d DCA 1989). The State also conceded that appellant was improperly sentenced outside the sentencing guidelines without entering written reasons for the departure. See Pope v. State, 561 So.2d 554 (Fla. 1990); Shull v. Dugger, 515 So.2d 748 (Fla. 1987).

Finding no merit in appellant’s other contentions, we reverse and remand to vacate appellant’s conviction for possession of a firearm during the commission of a felony, and to resentence appellant within the sentencing guideline. We affirm appellant’s other convictions in all respects.

Affirmed in part, reversed in part, and remanded.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.