State v. W.S.L.

This case is before us on petition to review a decision reported as W.S.L. v. State, 470 So.2d 828 (Fla. 2d DCA 1985), in which the Second District Court of Appeal certi*422fied the following question as being of great public importance:

When a defendant is guilty of felony murder, can he be convicted of, although not sentenced for, the underlying felony?

Id. at 830. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

The district court held that the trial court erred in adjudicating respondent guilty on both the felony murder and the underlying felony of sexual battery, and reversed the conviction…