Blankenship v. State

ON MOTION FOR REHEARING, MOTION FOR REHEARING EN BANC AND/OR MOTION FOR CERTIFICATION OF QUESTION

Appellee moved for rehearing and rehearing en banc,1 which we granted. *2While this case was being considered en banc, the Florida Supreme Court issued its opinion in Carawan v. State, 515 So.2d 161 (Fla.1987), which is determinative. All of the judges on this court agree that both of Blankenship’s convictions arising out of his single act of inflicting a stab wound in the chest of one victim with a gasket scraper, cannot stand. One conviction and sentence must be vacated, based on the “single evil”…