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683 So. 2d 176

Biglow v. State

District Court of Appeal of Florida

Decided November 13, 1996

District Court of Appeal of Florida · decided 1996-11-13

Relies on 408 So. 2d 952 - Jordan v. Jordan · Ayrado v. State · Ticor Title Guarantee Co. v. Harbin

Decided 1996-11-13

¶1CONFESSION OF ERROR

PER CURIAM.

¶2The defendant, Lafayette Biglow, appeals an order denying his motion for judgment of acquittal. We reverse based upon the State’s proper confession of error.

¶3Where a defendant is charged with unlawful display of a firearm during the commission of a felony and found not guilty by reason of insanity of the underlying felony, a *177conviction for display of the firearm cannot stand and an acquittal must be entered. See State v. Powell, 674 So.2d 781 (Fla.1996); Redondo v. State, 408 So.2d 954 (Fla.1981); Ayrado v. State, 431 So.2d 320 (Fla. 3d DCA 1983).

¶4Reversed.

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