Opinion

Brown v. State

  • 611 So. 2d 1376
  • 1993 Fla. App. LEXIS 1720
  • 1993 WL 30609
Court
District Court of Appeal of Florida
Filed
Feb 10, 1993
Status
Published
On the bench
Farmer, Glickstein, Owen, William
Cited by
1 cases
Authority
More cited than 58.1%

The opinion

PER CURIAM.

Defendant’s numerous convictions here included one count of attempted robbery and two counts of burglary, all enhanced from second-degree to a first-degree felony by virtue of his use of a firearm. We find that the trial court erred in also convicting him for the separate offense of use of a firearm during commission of a felony because these convictions arose from the same act. Cleveland v. State, 587 So.2d 1145 (Fla.1991). On remand the court shall strike the latter conviction and recalculate the scoresheet. We affirm in all other respects.

AFFIRMED AND REVERSED IN PART AND REMANDED WITH DIRECTIONS.

GLICKSTEIN, C.J., FARMER, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.