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649 So. 2d 338

Wimberly v. State

District Court of Appeal of Florida

Decided February 1, 1995

District Court of Appeal of Florida · decided 1995-02-01

Cited by 2 later decisions — most recently July 2000

2 state decisions

Relies on Cleveland v. State · 625 So. 2d 109 - Surface v. Town of Bay Harbor Islands · 643 So. 2d 87 - Allen v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1995-02-01

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PER CURIAM.

¶1The defendant, Rodrick Wimberly, appeals from his convictions and sentences for second degree murder with a firearm and for unlawful possession of a firearm while engaged in a criminal offense.

¶2We affirm the conviction and sentence for second degree murder; however, upon the State’s proper confession of error, we reverse the conviction and sentence for unlawful possession of a firearm while engaged in a criminal offense. Where the use of a weapon is the basis for enhancing the charge of second degree murder to a life felony, double jeopardy bars a separate conviction and sentence for misuse of the same firearm. Cleveland v. State, 587 So.2d 1145 (Fla.1991); Allen v. State, 643 So.2d 87 (Fla.3d DCA 1994); Joseph v. State, 625 So.2d 109 (Fla. 3d DCA 1993); Thomas v. State, 617 So.2d 1128 (Fla. 3d DCA 1993).

¶3We find that the defendant’s remaining point lacks merit.

¶4Accordingly, we affirm in part and reverse in part.

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