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Becerril v. State

District Court of Appeal of Florida, Third District
Nov 29, 1990
569 So. 2d 515 (Fla. Dist. Ct. App. 1990)

Opinion

No. 90-76.

October 23, 1990. Rehearing Denied November 29, 1990.

An Appeal from the Circuit Court for Dade County; Fredricka G. Smith, Judge.

Bennett H. Brummer, Public Defender, and N. Joseph Durant, Jr., Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Jorge Espinosa, Asst. Atty. Gen., for appellee.

Before BARKDULL, FERGUSON and JORGENSON, JJ.


In addition to being convicted of first degree murder with a firearm, the appellant was also convicted of unlawful possession of the same firearm. As announced in the following authorities, Carawan v. State, 515 So.2d 161 (Fla. 1987); Jones v. State, 547 So.2d 1278 (Fla. 3d DCA 1989); Gonzalez v. State, 543 So.2d 386 (Fla. 2d DCA 1989), the possession conviction cannot stand.

Therefore, the conviction, judgment, and sentence for possession of a firearm while committing a criminal offense, be and the same are hereby reversed and set aside with directions to the trial court to eliminate said conviction and sentence from the sentencing papers.


Summaries of

Becerril v. State

District Court of Appeal of Florida, Third District
Nov 29, 1990
569 So. 2d 515 (Fla. Dist. Ct. App. 1990)
Case details for

Becerril v. State

Case Details

Full title:ROLANDO G. BECERRIL, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Nov 29, 1990

Citations

569 So. 2d 515 (Fla. Dist. Ct. App. 1990)