Legal Opinion

Henton v. State

District Court of Appeal of Florida

Decided July 18, 2001No. 3D00-2071PublishedCited by 2 opinions

1Opinion of the Court

Based upon our independent review of the record, as well as the State’s candid and correct confession of error, we agree with Defendant that his conviction of unlawful possession of firearm during commission of felony violated double jeopardy, where he was also convicted of manslaughter with a firearm. See Cleveland v. State, 587 So.2d 1145 (Fla.1991)(concluding that a person could not be convicted of both attempted robbery with a firearm and use of a firearm while committing a felony where the charges stem from a single act); McGahee v. State, 600 So.2d 9 (Fla. 3d DCA 1992)(deciding a…

2Cases cited4 opinions

  1. Cleveland v. StateSupreme Court of Florida · 1991
  2. Allen v. StateDistrict Court of Appeal of Florida · 1994
  3. McGahee v. StateDistrict Court of Appeal of Florida · 1992
  4. Buffington v. StateDistrict Court of Appeal of Florida · 2000

3Cited by2 opinions

  1. Ahmad Grant a/k/a Ahmad Rashad Grant v. State of MississippiCourt of Appeals of Mississippi · 2026
  2. Smith v. StateDistrict Court of Appeal of Florida · 2003

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