Acosta v. State

738 So. 2d 487 | Fla. Dist. Ct. App. | 1999

PER CURIAM.

There is no merit in the defendant’s claim of error in his conviction for second degree murder with a firearm, which is affirmed. The separate conviction for possession of a firearm in the commission of the second degree murder, however, is impermissibly duplicitous and is therefore vacated. See Sales v. State, 653 So.2d 456 (Fla. 3d DCA 1995); Galban v. State, 605 So.2d 579 (Fla. 3d DCA 1992).

Affirmed in part, vacated in part.

Case Details

Case Name: Acosta v. State

Court Name: District Court of Appeal of Florida

Date Published: Aug 4, 1999

Citation: 738 So. 2d 487

Docket Number: No. 98-1663

Court Abbreviation: Fla. Dist. Ct. App.