Legal Opinion · Concurring in part, dissenting in part

Stearns v. State

District Court of Appeal of Florida

Decided October 1, 1993No. 92-2106Published

1Concurring in part, dissenting in partPeterson, Judge

I would affirm all three convictions and I respectfully dissent to the majority’s reversal of the conviction for carrying a concealed weapon while committing a felony.

In Cleveland v. State, 587 So.2d 1145 (Fla.1991), the supreme court held that a person cannot be convicted of both attempted robbery with a firearm and use of a firearm while committing a felony where the charges stem from a single act. In the instant case, Steams was convicted of armed attempted burglary and carrying a concealed weapon *256while committing a felony. At first blush, the latter conviction would appear to be precluded…

2Cases cited7 opinions

  1. State v. McCloudSupreme Court of Florida · 1991
  2. Cleveland v. StateSupreme Court of Florida · 1991
  3. Baker v. StateDistrict Court of Appeal of Florida · 1982
  4. State v. RodriquezSupreme Court of Florida · 1986
  5. Perez v. StateDistrict Court of Appeal of Florida · 1988

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