Graham v. State, 559 So. 2d 410

PER CURIAM.

Larry Graham a/k/a Willie Love appeals his convictions and sentences for attempted armed robbery with a firearm and possession of a firearm during the commission of a felony. We vacate the conviction and sentence for possession of a firearm during the commission of a felony. Otherwise, we affirm.

Although Graham raises several issues in this appeal, the only issue that has merit stems from Graham‘s convictions and sentences for the offenses of attempted armed robbery with a firearm and use of a firearm during the commission of a felony. We hold that these dual convictions constitute a violation of double jeopardy under the authority of Perez v. State, 528 So.2d 129 (Fla. 3d DCA 1988).

The conviction and sentence for use of a firearm during the commission of a felony is vacated.

LEHAN, A.C.J., and THREADGILL and PARKER, JJ., concur.

Case Details

Case Name: Graham v. State

Court Name: District Court of Appeal of Florida

Date Published: Apr 11, 1990

Citations: 559 So. 2d 410; 1990 WL 41220; 87-03191

Docket Number: 87-03191

Court Abbreviation: Fla. Dist. Ct. App.