Feliciano v. State
District Court of Appeal of Florida
1Opinion of the Court
STRINGER, Judge.
Luis J. Feliciano seeks review of the order denying his motion for postconviction relief, which was filed pursuant to Florida Rule of Criminal Procedure 3.850. Feliciano raised two claims in his motion. We affirm the denial of claim two without comment. We reverse the denial of claim one based on our finding that Feliciano’s conviction for possession of a firearm while committing a felony violates the constitutional prohibition against double jeopardy because his conviction for attempted first-degree murder was enhanced based on the same use of a firearm. See Cleveland v.…
2Cases cited2 opinions
- Cleveland v. StateSupreme Court of Florida · 1991
- Mendoza v. StateDistrict Court of Appeal of Florida · 2006