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611 So. 2d 1376

Brown v. State

District Court of Appeal of Florida

Decided February 10, 1993

District Court of Appeal of Florida · decided 1993-02-10

Cited by 1 later decisions — most recently May 1994

1 state decisions

Relies on Cleveland v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1993-02-10

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PER CURIAM.

¶1Defendant’s numerous convictions here included one count of attempted robbery and two counts of burglary, all enhanced from second-degree to a first-degree felony by virtue of his use of a firearm. We find that the trial court erred in also convicting him for the separate offense of use of a firearm during commission of a felony because these convictions arose from the same act. Cleveland v. State, 587 So.2d 1145 (Fla.1991). On remand the court shall strike the latter conviction and recalculate the scoresheet. We affirm in all other respects.

¶2AFFIRMED AND REVERSED IN PART AND REMANDED WITH DIRECTIONS.

GLICKSTEIN, C.J., FARMER, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
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