Florida District Courts of Appeal, 1990

Becerril v. State

Becerril v. State
Florida District Courts of Appeal · Decided October 23, 1990 · Barkdull, Ferguson, Jorgenson
569 So. 2d 515; 1990 Fla. App. LEXIS 8116; 1990 WL 159677 (Southern Reporter, Second Series)

Becerril v. State

Opinion of the Court

PER CURIAM.

In addition to being convicted of first degree murder with a firearm, the appellant was also convicted of unlawful possession of the same firearm. As announced in the following authorities, Carawan v. State, 515 So.2d 161 (Fla. 1987); Jones v. State, 547 So.2d 1278 (Fla. 3d DCA 1989); Gonzalez v. State, 543 So.2d 386 (Fla. 2d DCA 1989), the possession conviction cannot stand.

Therefore, the conviction, judgment, and sentence for possession of a firearm while committing a criminal offense, be and the same are hereby reversed and set aside with directions to the trial court to eliminate said conviction and sentence from the sentencing papers.

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