Stearns v. State
District Court of Appeal of Florida
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
- State v. McCloudSupreme Court of Florida · 1991
- Cleveland v. StateSupreme Court of Florida · 1991
- Baker v. StateDistrict Court of Appeal of Florida · 1982
- State v. RodriquezSupreme Court of Florida · 1986
- Perez v. StateDistrict Court of Appeal of Florida · 1988
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