Legal Opinion

Ambroa v. State

District Court of Appeal of Florida

Decided August 8, 1989No. 87-2397PublishedCited by 3 opinions

1Per curiam

Where a defendant’s conviction for second degree murder is enhanced due to the use of a firearm, the defendant cannot also be convicted for possession of that firearm in the commission of a felony where both charges arise from a single act. Smith v. State, 539 So.2d 601 (Fla. 3d DCA 1989); Henderson v. State, 526 So.2d 743 (Fla. 3d DCA 1988).

■ The conviction for possession of a firearm in the course of committing a felony is reversed and the cause is remanded for further proceedings.

2Cases cited2 opinions

  1. Henderson v. StateDistrict Court of Appeal of Florida · 1988
  2. Smith v. StateDistrict Court of Appeal of Florida · 1989

3Cited by3 opinions

  1. Goodman v. StateDistrict Court of Appeal of Florida · 1990
  2. Smith v. StateDistrict Court of Appeal of Florida · 1989
  3. Smith v. StateDistrict Court of Appeal of Florida · 1989