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Willingham v. State

District Court of Appeal of Florida, Fifth District
Jan 5, 1989
535 So. 2d 718 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-451.

January 5, 1989.

Appeal from the Circuit Court for Putnam County; E.L. Eastmoore, Judge.

James B. Gibson, Public Defender, and Barbara L. Condon, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.


This is an appeal from convictions for attempted second degree murder and use of a firearm while attempting to commit the murder. The attempted second degree murder was reclassified to a first degree felony because of the use of a firearm. § 775.087, Fla. Stat. (1987). Since a defendant cannot be subjected to multiple punishment for the same offense, the use of a firearm conviction must be reversed. U.S. Const. Amend. V; Fla. Const. Art. I, § 9. The sentence is not materially affected and no other point on appeal warrants a remand.

The conviction for use of a firearm is reversed and all other convictions and the sentence are affirmed.

AFFIRMED IN PART AND REVERSED IN PART.

SHARP, C.J., and DAUKSCH and COBB, JJ., concur.


Summaries of

Willingham v. State

District Court of Appeal of Florida, Fifth District
Jan 5, 1989
535 So. 2d 718 (Fla. Dist. Ct. App. 1989)
Case details for

Willingham v. State

Case Details

Full title:WILLIAM EZRA WILLINGHAM, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Jan 5, 1989

Citations

535 So. 2d 718 (Fla. Dist. Ct. App. 1989)

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