Opinion
No. 84-2749.
October 1, 1985.
Appeal from the Circuit Court, Dade County, Arthur I. Snyder, J.
Bennett H. Brummer, Public Defender and Lionel Barnet and James H. Greason, Sp. Asst. Public Defenders, for appellant.
Jim Smith, Atty. Gen. and Mark J. Berkowitz, Asst. Atty. Gen., for appellee.
Before SCHWARTZ, C.J., and NESBITT and DANIEL S. PEARSON, JJ.
Possession of a firearm while engaged in a criminal offense is not a necessarily-lesser-included offense of first-degree murder, and therefore, the separate convictions of the defendant for those crimes are affirmed. See State v. Boivin (Fla. 1985) (Case No. 64,368, opinion filed August 29, 1985) (possession of a firearm during commission of a felony, first-degree murder); State v. Baker, 456 So.2d 419 (Fla. 1984) (use of a firearm during commission of a felony, first-degree murder); State v. Gibson, 452 So.2d 553 (Fla. 1984) (on rehearing) (use or display of a firearm during commission of a felony, armed robbery).
Affirmed.