FRANK BERNARD WILKINS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
FRANK BERNARD WILKINS, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
600 So. 2d 567
Florida District Court of Appeal, Third District (1992)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Upon the State’s proper confession of error, we reverse defendant’s conviction for possession of a firearm during the commission of a felony and remand to the trial court with directions to vacate that conviction.1 See Cleveland v. State, 587 So. 2d 1145 (Fla.1991) (where possession of firearm used to enhance felony, single act of using firearm in commission of same crime could not form basis of second conviction).
Reversed and remanded with directions.
. The trial court suspended entry of sentence as to this count.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Valenci Williams v. State, 630 So. 2d 234 (Fla. 3d DCA 1994)…portion of the defendant’s separate conviction and sentence for possession of a firearm during the commission of a felony, where the defendant was validly convicted of armed robbery. Cleveland v. State, 587 So. 2d 1145 (Fla.1991); Wilkins v. State, 600 So. 2d 567 (Fla. 3d DCA 1992). The other points raised are without merit.…
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Wilson v. State, 633 So. 2d 122 (Fla. 3d DCA 1994)…f a weapon while engaged in a criminal offense, see § 790.07(1), Fla.Stat. (1991), must be vacated on authority of Cleveland v. State, 587 So. 2d 1145, 1146 (Fla.1991); see also Williams v. State, 630 So. 2d 234 (Fla. 3d DCA 1994); Wilkins v. State, 600 So. 2d 567 (Fla. 3d DCA 1992). Affirmed in part, reversed in part, and remanded for further proceedings consistent herewith.…
Authorities Cited
- Quinten L. Cleveland v. State, 587 So. 2d 1145 (Fla. 1991)