Opinion
No. 66405.
October 24, 1985.
Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance.
Jim Smith, Atty. Gen., and James H. Dysart, Asst. Atty. Gen., Tampa, for petitioner.
Jerry Hill, Public Defender, and Douglas S. Connor, Asst. Public Defender, Tenth Judicial Circuit, Tampa, for respondent.
We have for review the decision of Dixon v. State, 463 So.2d 342 (Fla. 2d DCA 1985), in which the Second District Court of Appeal certified the exact same question it previously certified to us in State v. Enmund, 476 So.2d 165 (Fla. 1985). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.
In Enmund, we held that a defendant can be convicted of and sentenced for both felony murder and the underlying felony.
Accordingly, we quash the opinion of the district court.
It is so ordered.
BOYD, C.J., and McDONALD, EHRLICH and SHAW, JJ., concur.
OVERTON, J., dissents with an opinion.
I dissent for the reasons expressed in my concurring and dissenting opinion in State v. Enmund, 476 So.2d 165 (Fla. 1985).