JOHN FORRESTER BAIRD, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the conviction for Unlawful Possession of a Firearm During the Commission of a Felony was error and must be reversed, while the murder convictions are affirmed.
The defendant was convicted of Second Degree Murder With a Firearm, Attempted Second Degree Murder With a Firearm, and Unlawful Possession of a Firear…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
LEVY, Judge.
The defendant was convicted and sentenced in connection with a charge of Second Degree Murder With a Firearm and a charge of Attempted Second Degree Murder With a Firearm. In addition, and based upon the same acts that supported the convictions for the two foregoing offenses, the defendant was also convicted and sentenced in connection with a charge of Unlawful Possession of a Firearm During the Commission of a Felony.
The State correctly concedes that, considering the foregoing, it was error for the trial court to convict and sentence the defendant on the charge of Unlawful Possession of a Firearm During the Commission of a Felony. See Carawan v. State, 515 So. 2d 161 (Fla.1987); Jones v. State, 546 So. 2d 126 (Fla. 3d DCA 1989). Therefore, the conviction and sentence entered against the defendant in connection with the charge of Unlawful Possession of a Firearm During the Commission of a Felony must be reversed.
The appellant does not challenge either the convictions or the sentences entered against him in connection with the charges of Second Degree Murder with a Firearm and Attempted Second Degree Murder With a Firearm. In addition, the appellant concedes that the “deletion of the unlawful possession conviction from the Guidelines Scoresheet does not change Baird’s guidelines range.” Accordingly, the convictions and sentences rendered in connection with the charges of Second Degree Murder With a Firearm and Attempted Second Degree Murder With a Firearm are affirmed.
Affirmed in part and reversed in part.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Dion Michael Carawan v. State, 515 So. 2d 161 (Fla. 1987)
- Jones v. State, 546 So. 2d 126 (Fla. 3d DCA 1989)
- Green v. State, 546 So. 2d 126 (Fla. 3d DCA 1989)