Florida District Courts of Appeal, 1997

Ross v. State

Florida District Courts of Appeal · Decided February 5, 1997 · Cope, Fletcher, Schwartz

687 So. 2d 1357; 1997 Fla. App. LEXIS 413; 1997 WL 43858 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Shaffer v. State (Fla. Dist. Ct. App. 1998)

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

PER CURIAM.

This is an appeal by the defendant Bobby Ross from judgments of convictions and sentences for first-degree murder, attempted armed robbery, and possession of a firearm while engaged in a criminal offense. §§ 782.04, 812.13, and 790.07(2), Fla. Stat. (1993). The defendant raises several points on appeal, only one of which presents reversible error. We agree with the defendant that his convictions for both the offense of attempted armed robbery and the offense of possession of a firearm in the commission of that criminal offense violate the defendant’s constitutional privilege against double jeopardy. § 775.021(4), Fla. Stat. (1993); State v. Steams, 645 So.2d 417 (Fla. 1994); Johnson v. Singletary, 625 So.2d 1251 (Fla. 3d DCA 1993). Accordingly, we vacate the conviction and sentence for possession of a firearm, and affirm the defendant’s remaining convictions and sentences.

Reversed in part, affirmed in part.

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