Ambroa v. State

Court: District Court of Appeal of Florida
Date filed: 1989-08-08
Citations: 547 So. 2d 294, 14 Fla. L. Weekly 1875, 1989 Fla. App. LEXIS 4469, 1989 WL 88034
Copy Citations
Click to Find Citing Cases
Lead Opinion
PER CURIAM.

Where a defendant’s conviction for second degree murder is enhanced due to the use of a firearm, the defendant cannot also be convicted for possession of that firearm in the commission of a felony where both charges arise from a single act. Smith v. State, 539 So.2d 601 (Fla. 3d DCA 1989); Henderson v. State, 526 So.2d 743 (Fla. 3d DCA 1988).

■ The conviction for possession of a firearm in the course of committing a felony is reversed and the cause is remanded for further proceedings.