Willingham v. State, 535 So. 2d 718

James B. Gibson, Public Defender, and Barbara L. Condon, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

This is an appeal from convictions for attempted second degree murder and use of a firearm while attempting to commit the murder. The attempted second degree murder was reclassified to a first degree felony because of the use of a firearm. § 775.087, Fla. Stat. (1987). Since a defendant cannot be subjected to multiple punishment for the same offense, the use of a firearm conviction must be reversed. U.S. Const. Amend. V; Fla. Const. Art. I, § 9. The sentence is not materially affected and no other point on appeal warrants a remand.

The conviction for use of a firearm is reversed and all other convictions and the sentence are affirmed.

AFFIRMED IN PART AND REVERSED IN PART.

SHARP, C.J., and DAUKSCH and COBB, JJ., concur.

Case Details

Case Name: Willingham v. State

Court Name: District Court of Appeal of Florida

Date Published: Jan 5, 1989

Citations: 535 So. 2d 718; 1989 WL 166; 88-451

Docket Number: 88-451

Court Abbreviation: Fla. Dist. Ct. App.