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Thomas v. State

District Court of Appeal of Florida, Third District
May 15, 1990
561 So. 2d 426 (Fla. Dist. Ct. App. 1990)

Opinion

No. 88-1494.

May 15, 1990.

An Appeal from the Circuit Court for Dade County; Martin D. Kahn, Judge.

Bennett H. Brummer, Public Defender, and Leslie C. Elrod, Special Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Joan L. Greenberg, Asst. Atty. Gen., for appellee.

Before FERGUSON, LEVY and GERSTEN, JJ.


Appellant, Albert Thomas, appeals his convictions and sentences for first degree murder, armed robbery, attempted first degree murder, and possession of a firearm during the commission of a felony. We affirm in part, reverse in part, and remand.

The State conceded that appellant's conviction of unlawful possession of a firearm must be vacated because it is duplicitous of appellant's other convictions. See Hall v. State, 517 So.2d 678 (Fla. 1988); Carawan v. State, 515 So.2d 161 (Fla. 1987); Mozqueda v. State, 541 So.2d 777 (Fla.3d DCA 1989). The State also conceded that appellant was improperly sentenced outside the sentencing guidelines without entering written reasons for the departure. See Pope v. State, 561 So.2d 554 (Fla. 1990); Shull v. Dugger, 515 So.2d 748 (Fla. 1987).

Finding no merit in appellant's other contentions, we reverse and remand to vacate appellant's conviction for possession of a firearm during the commission of a felony, and to resentence appellant within the sentencing guideline. We affirm appellant's other convictions in all respects.

Affirmed in part, reversed in part, and remanded.


Summaries of

Thomas v. State

District Court of Appeal of Florida, Third District
May 15, 1990
561 So. 2d 426 (Fla. Dist. Ct. App. 1990)
Case details for

Thomas v. State

Case Details

Full title:ALBERT THOMAS, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: May 15, 1990

Citations

561 So. 2d 426 (Fla. Dist. Ct. App. 1990)