Thomas v. State

PETERSON, Judge.

Thomas appeals summary denial of his Motion for Post-Conviction Relief pursuant to rule 3.850, Florida Rules of Criminal Procedure. We affirm but certify a conflict with Graham v. State, 559 So.2d 410 (Fla.2d DCA 1990), on the issue of whether convictions for both armed robbery with a firearm and use of a firearm while committing or attempting to commit a felony constitute a violation of the prohibitions against double jeopardy. We certified the conflict earlier in Cleveland v. State, 574 So.2d 289 (Fla. 5th DCA 1991).

The trial court denied Thomas’ motion on the issue of…