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455 So. 2d 355

State v. Marshall

Supreme Court of Florida

Decided July 12, 1984

Supreme Court of Florida · decided 1984-07-12

Cited by 4 later decisions — most recently April 1986

4 state decisions

Relies on 413 So. 2d 872 - Carnavil v. Pines of Delray Ass'n · State v. Baker

Good law ✅— No negative treatment on recordhow we know

Decided 1984-07-12

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PER CURIAM.

¶1The district court affirmed Marshall’s convictions of second-degree murder and unlawful possession of a firearm during commission of a felony, reversed his sentence for the firearm conviction, and certified the following question as being of great public importance: “[W]hether trial courts are empowered to impose separate punishments for the separate statutory offenses of the use of a firearm during the commission of a felony and the commission of that same felony by the use of a firearm.” Marshall v. State, 413 So.2d 872, 874 (Fla. 3d DCA 1982). State v. Baker, 456 So.2d 419, (Fla.1984), answers this question in the affirmative. We therefore quash that part of Marshallwhich reverses the sentence for the firearm conviction and remand for reinstatement of that sentence.

¶2It is so ordered.

BOYD, C.J., and ALDERMAN, Mc-DONALD, EHRLICH and SHAW, JJ., concur.

¶3ADKINS and OVERTON, JJ., dissent.

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