Opinion
No. 81-1196.
May 18, 1982.
Appeal from Circuit Court, Dade County; Arthur I. Snyder, Judge.
Bennett H. Brummer, Public Defender and Beth C. Weitzner, Asst. Public Defender, for appellant.
Jim Smith, Atty. Gen. and Paul Mendelson, Asst. Atty. Gen., for appellee.
Before NESBITT, BASKIN and DANIEL S. PEARSON, JJ.
Upon the authority of State v. Hegstrom, 401 So.2d 1343 (Fla. 1981), we vacate the sentence imposed for possession of a firearm while engaged in a criminal offense; we affirm the conviction.
Consistent with our certification in Marshall v. State, 413 So.2d 872 (Fla. 3d DCA 1982) (on rehearing), we certify to the Supreme Court of Florida, as a matter of great public importance, the question of whether trial courts are empowered to impose separate punishments for the statutory offenses relating to the use of a firearm during the commission of a felony and the commission of that same felony by the use of a firearm.
Affirmed.