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547 So. 2d 294

547 So.2d 294

14 Fla.L.Weekly 1875

Ambroa v. State

District Court of Appeal of Florida · decided 1989-08-08

Relies on Henderson v. State · 539 So. 2d 601 - Smith v. State

Decided 1989-08-08

PER CURIAM.

¶1Where a defendant’s conviction for second degree murder is enhanced due to the use of a firearm, the defendant cannot also be convicted for possession of that firearm in the commission of a felony where both charges arise from a single act. Smith v. State, 539 So.2d 601 (Fla. 3d DCA 1989); Henderson v. State, 526 So.2d 743 (Fla. 3d DCA 1988).

¶2■ The conviction for possession of a firearm in the course of committing a felony is reversed and the cause is remanded for further proceedings.

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