Public-domain · open source
OpenJurist

538 So. 2d 153

538 So.2d 153

14 Fla.L.Weekly 510

Jean v. State

District Court of Appeal of Florida

Decided February 21, 1989

District Court of Appeal of Florida · decided 1989-02-21

Cited by 3 later decisions — most recently December 1989

3 state decisions

Relies on Hall v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1989-02-21

View the full empirical analysis of this case →

PER CURIAM.

¶1This is an appeal by the defendant Ives Jean from final judgments of conviction and sentences for attempted manslaughter, armed robbery, and unlawful display of a firearm while committing a felony — all entered upon an adverse jury verdict returned below. Upon the state’s confession of error based on the authority of Hall v. State, 517 So.2d 678 (Fla.1988), we reverse the judgment of conviction and sentence for unlawful display of a firearm while committing a felony. It is clear that where, as here, a defendant is charged with and found guilty of (1) armed robbery as proscribed by Section 812.13(1), (2)(a), Florida Statutes (1987), and (2) unlawful display of a firearm while committing a felony, to wit: the above armed robbery, as proscribed by Section 790.07(2), Florida Statutes (1987), it is reversible error to enter a separate conviction and sentence on the above firearm display charge. Hall. We find no merit, however, in the remaining points raised by the defendant in his pro se brief.

¶2The final judgments of conviction and sentences for attempted manslaughter and armed robbery are affirmed. The final judgment of conviction and sentence for unlawful display of a firearm while committing a felony is reversed.

¶3AFFIRMED IN PART; REVERSED IN PART-

/538/so2d/153 · .json · Public domain