Acosta v. State

Full title: ARMANDO EDILBERTO ACOSTA, Appellant, v. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Aug 4, 1999

738 So. 2d 487 (Fla. Dist. Ct. App. 1999)

Opinion

No. 98-1663.

Opinion filed August 4, 1999.

An Appeal from the Circuit Court for Dade County, Ellen Leesfield, Judge, L.T. No. 95-8139.

John H. Lipinski, Hollywood, for appellant.

Robert A. Butterworth, Attorney General and Margaret A. Brenan, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and NESBITT and GODERICH, JJ.

PER CURIAM.

There is no merit in the defendant's claim of error in his conviction for second degree murder with a firearm, which is affirmed. 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).

Affirmed in part, vacated in part.