Galban v. State, 91-2434
| Decision Date | 29 September 1992 |
| Docket Number | No. 91-2434,91-2434 |
| Citation | 605 So.2d 579 |
| Parties | 17 Fla. L. Week. D2259 Pedro GALBAN, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Bennett H. Brummer, Public Defender, and Sheryl J. Lowenthal, Sp. Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and Barbara Arlene Fink, Asst. Atty. Gen., for appellee.
Before SCHWARTZ, C.J., and BARKDULL and FERGUSON, JJ.
This appeal is brought from convictions for second-degree murder and use of a firearm in the commission of a felony. We find no error in the trial court's refusal to allow defense counsel to cross-examine the State's witness with a hypothetical question that bore no relation to the facts of this case. See Sims v. State, 602 So.2d 1253 (Fla.1992) (); Sec. 90.401, Fla.Stat. (1991).
We reverse the conviction for use of a firearm in the commission of a felony, however, on the authority of Pearson v. State, 603 So.2d 676 (Fla. 3d DCA 1992), where we held that convictions for second-degree murder with a firearm and unlawful possession of a firearm during the commission of a felony, based on the same act, were impermissibly duplicitous. Accord Goodman v. State, 567 So.2d 37 (Fla. 3d DCA 1990).
Affirmed in part, reversed in part, and remanded for resentencing.
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Sanders v. State, 92-1302
...540 So.2d 111 (Fla.1989); Hall v. State, 517 So.2d 678 (Fla.1988); Benedit v. State, 610 So.2d 699 (Fla. 3d DCA 1992); Galban v. State, 605 So.2d 579 (Fla. 3d DCA 1992); Pearson v. State, 603 So.2d 676 (Fla. 3d DCA 1992); Davis v. State, 590 So.2d 496 (Fla. 3d DCA 1991); Goodman v. State, 5......
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Benedit v. State, 92-1329
...barred by the defendant's constitutional right against double jeopardy. Cleveland v. State, 587 So.2d 1145 (Fla.1991); Galban v. State, 605 So.2d 579 (Fla. 3d DCA1992); Pearson v. State, 603 So.2d 676 (Fla. 3d DCA1992); Sessions v. State, 597 So.2d 832 (Fla. 3d DCA1992); Goodman v. State, 5......
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Acosta v. State, 98-1663.
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