Smith v. State

At one place the defendant pointed one gun one time at one person. Based on this one nuclear indivisible act, the defendant was convicted and sentenced for two offenses: (1) aggravated assault with a firearm (§ 784.021(l)(a), Fla.Stat.) and (2) the use of a firearm in the commission of a felony [to-wit: aggravated assault] (§ 790.-07(2), Fla.Stat.)

The defendant’s conviction for the ancillary1 offense of use of a firearm in the commission of a felony (§ 790.07(2), Fla. Stat.) should be reversed because the factual basis for that conviction in this case is but one facet or definable aspect of a…