Willingham v. State, 88-451
| Decision Date | 05 January 1989 |
| Docket Number | No. 88-451,88-451 |
| Citation | 535 So.2d 718,14 Fla. L. Weekly 142 |
| Parties | 14 Fla. L. Weekly 142 William Ezra WILLINGHAM, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Appeal from the Circuit Court for Putnam County; E.L. Eastmoore, Judge.
James B. Gibson, Public Defender, and Barbara L. Condon, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.
This is an appeal from convictions for attempted second degree murder and use of a firearm while attempting to commit the murder. The attempted second degree murder was reclassified to a first degree felony because of the use of a firearm. § 775.087, Fla.Stat. (1987). Since a defendant cannot be subjected to multiple punishment for the same offense, the use of a firearm conviction must be reversed. U.S. Const. Amend. V; Fla. Const. Art. I, § 9. The sentence is not materially affected and no other point on appeal warrants a remand.
The conviction for use of a firearm is reversed and all other convictions and the sentence are affirmed.
AFFIRMED IN PART AND REVERSED IN PART.
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Smith v. State
...116 (Fla. 5th DCA 1989), rev. denied, 545 So.2d 1366 (Fla.1989); Crayton v. State, 536 So.2d 399 (Fla. 5th DCA 1989); Willingham v. State, 535 So.2d 718 (Fla. 5th DCA 1989); Neal v. State, 527 So.2d 966 (Fla. 5th DCA 1988); Cardwell v. State, 525 So.2d 1025 (Fla. 5th DCA 1988); Wright v. St......
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Brown v. State, 88-983
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