Dukes v. State

ON MOTION FOR REHEARING

We grant the defendant’s motion for rehearing and substitute our opinion filed September 24, 1991, with this opinion.

The defendant, Theodore Dukes, appeals his convictions and sentences for second-degree murder with a firearm and unlawful possession of a firearm while engaged in a criminal offense. We affirm the defendant’s conviction for second-degree murder with a firearm, vacate the defendant’s conviction for unlawful possession of a firearm, vacate the habitual offender sentence and remand for resentencing consistent with this opinion.

The defendant was charged with…