Harper v. State, 537 So. 2d 1131

BARFIELD, Judge.

William Harper appeals his convictions and sentences for first-degree murder, attempted second degree murder, possession of cocaine and use of a firearm during the commission of a felony. We affirm the trial court‘s denial of Harper‘s motions for mistrial. We also affirm his convictions for both first-degree murder¹ and use of a firearm during the commission of a felony.² We find clear legislative intent in the statutes that multiple punishments for both crimes are permissible. The first-degree murder statute neither requires use of a firearm as an element, nor can it be enhanced under § 775.087, Florida Statutes (1987). Finally, the record is unclear as to whether Harper should be credited for time served. Therefore, we remand solely for that determination.

Accordingly, we AFFIRM in part and REVERSE and REMAND in part.

SHIVERS and ZEHMER, JJ., concur.

Notes

1

Section 782.04(1)(a), Florida Statutes (1987).

2

Section 790.07(2), Florida Statutes (1987).

Case Details

Case Name: Harper v. State

Court Name: District Court of Appeal of Florida

Date Published: Feb 7, 1989

Citations: 537 So. 2d 1131; 1989 WL 8332; 88-7

Docket Number: 88-7

Court Abbreviation: Fla. Dist. Ct. App.