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475 So. 2d 1344

475 So.2d 1344

10 Fla.L.Weekly 2279

McCray v. State

District Court of Appeal of Florida

Decided October 1, 1985

District Court of Appeal of Florida · decided 1985-10-01

Relies on State v. Baker · State v. Gibson

Decided 1985-10-01

PER CURIAM.

¶1Possession of a firearm while engaged in a criminal offense is not a necessarily-lesser-included offense of first-degree murder, and therefore, the separate convictions of the defendant for those crimes are affirmed. See State v. Boivin (Fla.1985) (Case No. 64,368, opinion filed August 29, 1985) (possession of a firearm during commission of a felony, first-degree murder); State v. Baker, 456 So.2d 419 (Fla.1984) (use of a firearm during commission of a felony, first-degree murder); State v. Gibson, 452 So.2d 553 (Fla.1984) (on rehearing) (use or display of a firearm during commission of a felony, armed robbery).

¶2Affirmed.

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