Cooper v. State
Cases that cite this one
1 later published case cites this decision.
- Bufford v. State (Fla. Dist. Ct. App. 2002)
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
CONFESSION OF ERROR
As the State properly concedes, the trial court erred by adjudicating the defendant, Timothy Leroy Cooper, guilty of both robbery with a firearm, section 812.13(2)(b), Florida Statutes (1995), and unlawful possession of a firearm while engaged in a criminal offense, section 790.07(2), Florida Statutes (1995). Cleveland v. State, 587 So.2d 1145 (Fla. 1991) (“[W]hen a robbery conviction is enhanced because of the use of a firearm in committing the robbery, the single act involving the use of the same firearm in the commission of the same robbery cannot form the basis of a separate conviction and sentence for the use of a firearm while committing a felony under section 790.07(2).”). Accordingly, the defendant’s conviction and sentence for unlawful possession of a firearm while engaged in a criminal offense is vacated and this cause is remanded for resentencing.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.