Sales v. State
| Decision Date | 05 April 1995 |
| Docket Number | No. 93-2790,93-2790 |
| Citation | 653 So.2d 456 |
| Parties | 20 Fla. L. Weekly D822 Morris Lee SALES, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Bennett H. Brummer, Public Defender, and Rosa C. Figarola, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and Joni Braunstein, Asst. Atty. Gen., for appellee.
Before NESBITT, BASKIN and GERSTEN, JJ.
Appellant, Morris Lee Sales, seeks reversal of his convictions for second degree murder with a firearm and unlawful possession of a firearm during the commission of a felony. We affirm the judgment and sentence on the second degree murder count. However we vacate the conviction for possession of a firearm during the commission of a felony.
The defendant's separate convictions for second degree murder with a firearm and possession of a firearm during the commission of a felony, based upon the same act, were impermissibly duplicative and violated the defendant's double jeopardy rights. See Thomas v. State, 617 So.2d 1128 (Fla. 3d DCA 1993); Galban v. State, 605 So.2d 579 (Fla. 3d DCA 1992); Nixon v. State, 603 So.2d 660 (Fla. 3d DCA 1992). Accordingly, the conviction for possession of a firearm during the commission of a felony must be reversed.
Affirmed in part; reversed in part, and remanded for resentencing.
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Gantorius v. State, 3D99-1872.
... ... See Cleveland v. State, 587 So.2d 1145, 1146 (Fla.1991); Marmol v. State, 750 So.2d 764, 766 (Fla. 3d DCA 2000); Acosta v. State, 738 So.2d 487, 488 (Fla. 3d DCA 1999); Vidal v. State, 704 So.2d 746 (Fla. 3d DCA 1998); Wimberly v. State, 649 So.2d 338 (Fla. 3d 761 So.2d 490 DCA 1995); Sales v. State, 653 So.2d 456 (Fla. 3d DCA 1995). Accordingly, we reverse with directions that the appellant's conviction and sentence for possession of a firearm during the commission of a felony be vacated ... Obviously, our resolution of this issue is squarely dependent upon our ... ...
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Acosta v. State, 98-1663.
... ... The separate conviction for possession of a firearm in the commission of the second degree murder, however, is impermissibly duplicitous and is therefore vacated. See Sales v. State, 653 So.2d 456 (Fla. 3d DCA 1995); Galban v. State, 605 So.2d 579 (Fla. 3d DCA 1992) ... ...
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Perry v. Singletary, 97-1670
... ... Before GREEN, FLETCHER and SORONDO, JJ ... CONFESSION OF ERROR ... PER CURIAM ... Upon the state's proper confession of error we grant Curtis Leon Perry's Petition for Writ of Habeas Corpus ... The sole issue raised by the ... The petition is therefore meritorious. Cleveland v. State, 587 So.2d 1145 (Fla.1991); Sales v. State, 653 So.2d 456 (Fla. 3d DCA 1995) ... We reverse the petitioner's conviction and sentence in count 3 of the information ... ...