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Florida District Courts of Appeal, 1996

Biglow v. State

Biglow v. State
Florida District Courts of Appeal · Decided November 13, 1996 · Fletcher, Gersten, Green
683 So. 2d 176; 1996 Fla. App. LEXIS 11954; 1996 WL 661732 (Southern Reporter, Second Series)

Biglow v. State

Opinion of the Court

CONFESSION OF ERROR

PER CURIAM.

The defendant, Lafayette Biglow, appeals an order denying his motion for judgment of acquittal. We reverse based upon the State’s proper confession of error.

Where a defendant is charged with unlawful display of a firearm during the commission of a felony and found not guilty by reason of insanity of the underlying felony, a *177conviction for display of the firearm cannot stand and an acquittal must be entered. See State v. Powell, 674 So.2d 781 (Fla. 1996); Redondo v. State, 408 So.2d 954 (Fla. 1981); Ayrado v. State, 431 So.2d 320 (Fla. 3d DCA 1983).

Reversed.

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