541 So. 2d 1289 | Fla. Dist. Ct. App. | 1989
Defendant Myron Morales appeals his convictions for shooting into an occupied vehicle, § 790.19, Fla.Stat. (1987), and unlawful possession of a firearm while engaged in a criminal offense, § 790.07, Fla. Stat. (1987). We agree with the defendant that the two convictions for the same act violate his double jeopardy rights. See Carawan v. State, 515 So.2d 161 (Fla.1987).
The State contends that this appeal is not controlled by these cases because Morales pulled the trigger of the gun several times, and therefore each conviction was for a separate “act.” We reject this contention, since there was no indication in the information charging Morales that he was being accused of more than one act, and the jury, without additional comment, convicted Morales of “shooting into an occupied vehicle” and “unlawful possession of a firearm while engaged in a felony.” The State may not now claim, for the first time, that the two convictions were for separate acts.
Affirmed in part, reversed in part, and remanded.
. Since the act for which Morales was convicted was committed before July 1, 1988, Carawan and its progeny — rather than chapter 88-131, section 7, Laws of Florida — are controlling. See Smith v. State, 539 So.2d 601 (Fla. 3d DCA 1989); Heath v. State, 532 So.2d 9 (Fla. 1st DCA 1988).
. Even if the events of this case were treated as multiple acts, the underlying issue would be