Simmons v. State

The interesting underlying point of law in this case involves the proper legal effect of the relationship between two special “greater” offenses: felony murder (under sections 782.04(l)(a)2. or 782.04(3) or 782.-04(4), Florida Statutes), and the use of a weapon or firearm in the commission of a felony, (under sections 790.07(1) and (2), Florida Statutes) and their respective related underlying predicate “lesser” offenses. That relationship, and the legal effect of it, has been analyzed on the basis of at least three distinctively different concepts:(1) LOGICAL RELATIONSHIP:1 the fundamental…