Florida District Courts of Appeal, 1997

Roy v. State

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)

Roy v. State

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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