REGINALD WASHINGTON AKA SPEEDY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Sexual Battery With A Firearm cases and more on FLexlaw
PER CURIAM.
The appellant was convicted and sentenced on the following charges: Count I: Sexual battery with a firearm, in violation of Section 794.011(2), Florida Statutes (1989) — sentenced to 25 years; Count II: Unlawful possession of a firearm while engaged in a criminal offense, in violation of Section 790.07, Florida Statutes (1989)— sentenced to 5 years; and Count III: Aggravated assault, in violation of Section 784.021(l)(a), Florida Statutes (1989) — sentenced to 15 years.
We find that the trial court erred in convicting and sentencing the defendant to both possession of a firearm in commission of a felony and aggravated assault with a firearm where the use of a firearm in the commission of a felony conviction encompasses solely the same assault with the gun. Cleveland v. State, 587 So. 2d 1145 (Fla.1991). Therefore, the convictions and sentences for unlawful possession of a firearm while engaged in a criminal offense, be and the same are hereby reversed and vacated. The remaining convictions and sentences are affirmed.
Affirmed as amended.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Philome Mondesir v. State, 814 So. 2d 1172 (Fla. 3d DCA 2002)…ot stand because they are improperly duplicative of the substantive charges and thus violate the defendant’s double jeopardy rights. See Cleveland v. State, 587 So. 2d 1145 (Fla.1991); State v. Brown, 633 So. 2d 1059 (Fla.1994); Washington v. State, 597 So. 2d 840 (Fla. 3d DCA 1992). Hence, the conviction and sentence as to Count IV are vacated. II. Turning to the cross-appeal, we first agree with the state that the statute, section 775.087(2)(d), Florida Statutes (2000),1 which unequivocally requires that…
-
Washington v. State, 642 So. 2d 61 (Fla. 3d DCA 1994)…ncarceration on Counts I, II, and III, respectively. On appeal, defendant challenged the validity of his conviction on Count II. This court reversed and vacated the Count II conviction and affirmed the other two convictions. See Washington v. State, 597 So. 2d 840 (Fla. 3d DCA 1992). Defendant now appeals the trial court’s denial of a rule 3.850 motion for post conviction relief. Defendant raises several points in his motion. First, defendant argues that it was improper for the juvenile court to conduct defe…
-
Gracia v. State, 98 So. 3d 1243 (Fla. 3d DCA 2012)…r v. State, 814 So. 2d 1172 (Fla. 3d DCA 2002), disapproved on other grounds, State v. Sousa, 903 So. 2d 923 (Fla.2005); Mosely v. State, 679 So. 2d 287 (Fla. 1st DCA 1996); Stripling v. State, 602 So. 2d 663 (Fla. 3d DCA 1992); Washington v. State, 597 So. 2d 840 (Fla. 3d DCA 1992). The next and harder issue, however, and the only one which has practical significance, is which of the two sets of convictions and sentences should be vacated. A mistake like this is ordinarily remedied by setting aside the “les…
Authorities Cited
- Quinten L. Cleveland v. State, 587 So. 2d 1145 (Fla. 1991)