Public-domain · open source
OpenJurist

653 So. 2d 456

Sales v. State

District Court of Appeal of Florida · decided 1995-04-05

Cited by 3 later decisions — most recently July 2000

3 state decisions

Relies on 605 So. 2d 579 - Galban v. State · 617 So. 2d 1128 - Thomas v. State · 603 So. 2d 660 - Nixon v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1995-04-05

View the full empirical analysis of this case →

PER CURIAM.

¶1Appellant, Morris Lee Sales, seeks reversal of his convictions for second degree murder with a firearm and unlawful possession of a firearm during the commission of a felony. We affirm the judgment and sentence on the second degree murder count. However we vacate the conviction for possession of a firearm during the commission of a felony.

¶2The defendant’s separate convictions for second degree murder with a firearm and possession of a firearm during the commission of a felony, based upon the same act, were impermissibly duplicative and violated the defendant’s double jeopardy rights. See Thomas v. State, 617 So.2d 1128 (Fla. 3d DCA 1993); Galban v. State, 605 So.2d 579 (Fla. 3d DCA 1992); Nixon v. State, 603 So.2d 660 (Fla. 3d DCA 1992). Accordingly, the conviction for possession of a firearm during the commission of a felony must be reversed.

¶3Affirmed in part; reversed in part, and remanded for resentencing.

/653/so2d/456 · .json · Public domain