Sales v. State
Cases that cite this one
4 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)
- Acosta v. State (Fla. Dist. Ct. App. 1999)
- Perry v. Singletary (Fla. Dist. Ct. App. 1997)
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
Appellant, Morris Lee Sales, seeks reversal of his convictions for second degree murder with a firearm and unlawful possession of a firearm during the commission of a felony. We affirm the judgment and sentence on the second degree murder count. However we vacate the conviction for possession of a firearm during the commission of a felony.
The defendant’s separate convictions for second degree murder with a firearm and possession of a firearm during the commission of a felony, based upon the same act, were impermissibly duplicative and violated the defendant’s double jeopardy rights. See Thomas v. State, 617 So.2d 1128 (Fla. 3d DCA 1993); Galban v. State, 605 So.2d 579 (Fla. 3d DCA 1992); Nixon v. State, 603 So.2d 660 (Fla. 3d DCA 1992). Accordingly, the conviction for possession of a firearm during the commission of a felony must be reversed.
Affirmed in part; reversed in part, and remanded for resentencing.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.