Florida District Courts of Appeal, 1997

Roy v. State

Florida District Courts of Appeal · Decided April 9, 1997 · Lawrence, Mickle, Webster

693 So. 2d 63; 1997 Fla. App. LEXIS 3239; 1997 WL 163033 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Roy v. State (Fla. Dist. Ct. App. 1998)
Britt 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.

In this direct criminal appeal, although appellant raises a number of issues, we conclude that only one merits discussion. Appellant challenges his convictions for both carjacking with a firearm and use of a firearm during the commission of a felony as a violation of double jeopardy because both were predicated upon the same episode. We agree. Accordingly, we reverse appellant’s conviction for use of a firearm during the commission of a felony, and remand with directions that the trial court vacate that conviction. See, e.g., M.P. v. State, 682 So.2d 79 (Fla. 1996); State v. Brown, 633 So.2d 1059 (Fla. 1994); Cleveland v. State, 587 So.2d 1145 (Fla. 1991). In all other respects, we affirm.

AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions.

WEBSTER, MICKLE and LAWRENCE, JJ., concur.

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