Bogan v. State

SCHWARTZ, Chief Judge.

This case involves a no-doubt unanticipated consequence of the co-existence of the Carawan doctrine1 and the sentencing guidelines. Bogan was found guilty of the separate crimes of aggravated assault with a firearm and the possession of a firearm in the commission of the aggravated assault. Since the two offenses involve the same criminal conduct, Carawan forbids the conviction of both and, along with State v. Barton, 523 So.2d 152 (Fla.1988), requires that the lesser be set aside. The issue here is which offense is the greater and which the" lesser of the two. It arises…