Ambroa v. State, 547 So. 2d 294

PER CURIAM.

Where a defendant’s conviction for second degree murder is enhanced due to the use of a firearm, the defendant cannot also be convicted for possession of that firearm in the commission of a felony where both charges arise from a single act. Smith v. State, 539 So.2d 601 (Fla. 3d DCA 1989); Henderson v. State, 526 So.2d 743 (Fla. 3d DCA 1988).

■ The conviction for possession of a firearm in the course of committing a felony is reversed and the cause is remanded for further proceedings.

Case Details

Case Name: Ambroa v. State

Court Name: District Court of Appeal of Florida

Date Published: Aug 8, 1989

Citations: 547 So. 2d 294; 14 Fla. L. Weekly 1875; 1989 Fla. App. LEXIS 4469; 1989 WL 88034; No. 87-2397

Docket Number: No. 87-2397

Court Abbreviation: Fla. Dist. Ct. App.