CALVIN BUTTS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm the convictions and sentences in all respects except for the sentence imposed in count eight of the information which is a lesser included offense of count two of the information, armed robbery. Multiple sentences for a lesser included offense are precluded by State v. Monroe, 406 So. 2d 1115 (Fla.1981); State v. Hegstrom, 401 So. 2d 1343 (Fla.1981); Section 775.-021(4), Florida Statutes (1979).
Consistent with our certification in Marshall v. State, 413 So. 2d 872 (Fla.3d DCA 1982), we certify to the Supreme Court as a matter of great public importance the question of whether the trial court is empowered to impose separate punishments for the statutory offenses relating to the use of a firearm during the commission of a felony and the commission of that same felony by the use of a firearm.
Affirmed in part, reversed in part and remanded with directions to vacate the sentence only for unlawful possession of a firearm.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Hegstrom, 401 So. 2d 1343 (Fla. 1981)
- State v. Rivers, 401 So. 2d 1343 (Fla. 1981)
- State v. Williams, 406 So. 2d 1115 (Fla. 1981)
- Carnavil v. The Pines OF Delray Ass'n, Inc., 413 So. 2d 872 (Fla. 4th DCA 1982)
- Marshall v. State, 413 So. 2d 872 (Fla. 3d DCA 1982)