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535 So. 2d 718

Docket No. 88-451.

Willingham v. State

William Ezra WILLINGHAM, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided January 5, 1989.

District Court of Appeal of Florida · decided 1989-01-05

Cited by 12 later decisions — most recently June 1992

12 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1989-01-05

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¶1James B. Gibson, Public Defender, and Barbara L. Condon, Asst. Public Defender, Daytona Beach, for appellant.

¶2Robert A. Butterworth, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.

¶3PER CURIAM.

¶4This 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.

¶5The conviction for use of a firearm is reversed and all other convictions and the sentence are affirmed.

¶6AFFIRMED IN PART AND REVERSED IN PART.

¶7SHARP, C.J., and DAUKSCH and COBB, JJ., concur.

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