Florida District Courts of Appeal, 1999

Acosta v. State

Florida District Courts of Appeal · Decided August 4, 1999 · Goderich, Nesbitt, Schwartz

738 So. 2d 487; 1999 Fla. App. LEXIS 10424; 1999 WL 564647 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

RYAN DENARD LEE v. THE STATE OF FLORIDA (Fla. Dist. Ct. App. 2021)
Gantorius v. State (Fla. Dist. Ct. App. 2000)

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.

There is no merit in the defendant’s claim of error in his conviction for second *488degree murder with a firearm, which is affirmed. The separate conviction for possession of a firearm in the commission of the second degree murder, however, is impermissibly duplicitous and is therefore vacated. See Sales v. State, 653 So.2d 456 (Fla. 3d DCA 1995); Galban v. State, 605 So.2d 579 (Fla. 3d DCA 1992).

Affirmed in part, vacated in part.

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