Public-domain · open source
OpenJurist

614 So. 2d 1230

Mobly v. State

District Court of Appeal of Florida · decided 1993-03-30

Cited by 1 later decisions — most recently September 1993

1 state decisions

Relies on Cleveland v. State · 603 So. 2d 676 - Pearson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1993-03-30

View the full empirical analysis of this case →

PER CURIAM.

¶1Upon the State’s proper confession of error, we vacate the judgment of conviction and sentence as to Count Two: unlawful possession of a weapon during the commission of a felony. See Cleveland v. State, 587 So.2d 1145 (Fla.1991) (when conviction enhanced for use of firearm during commission of offense, prohibition against double jeopardy prohibits separate conviction and sentence for single act involving use of same firearm in commission of same crime); Pearson v. State, 603 So.2d 676 (Fla. 3d DCA 1992) (same).

¶2Judgment' of conviction and sentence vacated as to Count Two, affirmed as to Count One; remanded for further proceedings consistent with this opinion.

/614/so2d/1230 · .json · Public domain