Harris v. State

By nature, character and definition, the offense of use of a firearm in the commission of a felony as proscribed by section 790.07(2), Florida Statutes, is an offense which is dependent upon, and subordinate and ancillary to, another felony offense which other felony is, in legal substance and contemplation, necessarily an essential underlying primary offense without regard to the maximum punishment provided by statute for the commission of each criminal offense. For this reason, when for substantive legal reasons (constitutional rights or statutory restrictions such as those contained in…