Wimberly v. State
Cases that cite this one
3 later published cases cite this decision.
- RYAN DENARD LEE v. THE STATE OF FLORIDA (Fla. Dist. Ct. App. 2021)
- Gantorius v. State (Fla. Dist. Ct. App. 2000)
- Jenkins v. State (Fla. Dist. Ct. App. 1999)
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
The defendant, Rodrick Wimberly, appeals from his convictions and sentences for second degree murder with a firearm and for unlawful possession of a firearm while engaged in a criminal offense.
We affirm the conviction and sentence for second degree murder; however, upon the State’s proper confession of error, we reverse the conviction and sentence for unlawful possession of a firearm while engaged in a criminal offense. Where the use of a weapon is the basis for enhancing the charge of second degree murder to a life felony, double jeopardy bars a separate conviction and sentence for misuse of the same firearm. Cleveland v. State, 587 So.2d 1145 (Fla. 1991); Allen v. State, 643 So.2d 87 (Fla.3d DCA 1994); Joseph v. State, 625 So.2d 109 (Fla. 3d DCA 1993); Thomas v. State, 617 So.2d 1128 (Fla. 3d DCA 1993).
We find that the defendant’s remaining point lacks merit.
Accordingly, we affirm in part and reverse in part.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.