Public-domain · open source
OpenJurist

597 So. 2d 840

Washington v. State

District Court of Appeal of Florida · decided 1992-03-24

Relies on Cleveland v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1992-03-24

How this case has been cited

Cited by 4 later decisions — most recently October 2012

3 state decisions

20199220002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

PER CURIAM.

¶1The appellant was convicted and sentenced on the following charges: Count I: Sexual battery with a firearm, in violation of Section 794.011(2), Florida Statutes (1989) — sentenced to 25 years; Count II: Unlawful possession of a firearm while engaged in a criminal offense, in violation of Section 790.07, Florida Statutes (1989)— sentenced to 5 years; and Count III: Aggravated assault, in violation of Section 784.021(l)(a), Florida Statutes (1989) — sentenced to 15 years.

¶2We find that the trial court erred in convicting and sentencing the defendant to both possession of a firearm in commission of a felony and aggravated assault with a firearm where the use of a firearm in the commission of a felony conviction encompasses solely the same assault with the gun. Cleveland v. State, 587 So.2d 1145 (Fla.1991). Therefore, the convictions and sentences for unlawful possession of a firearm while engaged in a criminal offense, be and the same are hereby reversed and vacated. The remaining convictions and sentences are affirmed.

¶3Affirmed as amended.

/597/so2d/840 · .json · Public domain