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De La Cruz v. State

District Court of Appeal of Florida, Third District
Apr 24, 1990
560 So. 2d 328 (Fla. Dist. Ct. App. 1990)

Opinion

No. 86-972.

April 24, 1990.

Appeal from the Circuit Court, Dade County, Arthur Maginnis, J.

Bennett H. Brummer, Public Defender, and Maria Brea Lipinski, Sp. Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., for appellee.

Before BARKDULL, NESBITT and BASKIN, JJ.


We find the conviction for possession of a firearm during the commission of a felony, § 790.07, Florida Statutes (1985), to be erroneous because the elements of that crime duplicate certain elements of the crime of second-degree murder with a firearm, § 782.04, Florida Statutes (1985), of which the defendant was also convicted. Hall v. State, 517 So.2d 678 (Fla. 1988); Carawan v. State, 515 So.2d 161 (Fla. 1987). Accordingly, the defendant's conviction for possession of a firearm during the commission of a felony must be vacated. However, the second-degree murder conviction and sentence are affirmed.


Summaries of

De La Cruz v. State

District Court of Appeal of Florida, Third District
Apr 24, 1990
560 So. 2d 328 (Fla. Dist. Ct. App. 1990)
Case details for

De La Cruz v. State

Case Details

Full title:JUAN DE LA CRUZ, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Apr 24, 1990

Citations

560 So. 2d 328 (Fla. Dist. Ct. App. 1990)