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477 So. 2d 1008

477 So.2d 1008

10 Fla.L.Weekly 578

State v. Dixon

Supreme Court of Florida

Decided October 24, 1985

Supreme Court of Florida · decided 1985-10-24

Relies on 476 So. 2d 165 - State v. Carney · 463 So. 2d 342 - Dixon v. State

Decided 1985-10-24

ADKINS, Justice.

¶1We have for review the decision of Dixon v. State, 463 So.2d 342 (Fla. 2d DCA 1985), in which the Second District Court of Appeal certified the exact same question it previously certified to us in State v. Enmund, 476 So.2d 165 (Fla.1985). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

¶2In Enmund, we held that a defendant can be convicted of and sentenced for both felony murder and the underlying felony.

¶3Accordingly, we quash the opinion of the district court.

¶4It is so ordered.

BOYD, C.J., and McDONALD, EHRLICH and SHAW, JJ., concur.OVERTON, J., dissents with an opinion.
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