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Graham v. State

Graham v. State, 559 So. 2d 410 (Fla. Dist. Ct. App. 1990)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
April 11, 1990
Docket
No. 87-03191
Judges
Per Curiam
Citations
559 So. 2d 4101990 WL 41220
Cited by 8 2 descriptions by later courts

Opinion — Per Curiam

559 So.2d 410 (1990)

Larry GRAHAM a/k/a Willie Love, Appellant,

v.

STATE of Florida, Appellee.

No. 87-03191.

District Court of Appeal of Florida, Second District.

April 11, 1990.

James Marion Moorman, Public Defender, Bartow, and Stephen Krosschell, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and David R. Gemmer, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Larry Graham a/k/a Willie Love appeals his convictions and sentences for attempted armed robbery with a firearm and possession of a firearm during the commission of a felony. We vacate the conviction and sentence for possession of a firearm during the commission of a felony. Otherwise, we affirm.

*411 Although Graham raises several issues in this appeal, the only issue that has merit stems from Graham's convictions and sentences for the offenses of attempted armed robbery with a firearm and use of a firearm during the commission of a felony. We hold that these dual convictions constitute a violation of double jeopardy under the authority of Perez v. State, 528 So.2d 129 (Fla. 3d DCA 1988).

The conviction and sentence for use of a firearm during the commission of a felony is vacated.

LEHAN, A.C.J., and THREADGILL and PARKER, JJ., concur.

How later courts describe this case

Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.

Cited by 8 cases

View all citing references →
1991: 41993: 11996: 319912026peak 1991 · 4

Relies on it most ⓘ

  1. Cleveland v. State587 So. 2d 1145 (Fla. 1991)
  2. Sanders v. State621 So. 2d 723 (Fla. Dist. Ct. App. 1993)
  3. Whatley v. State679 So. 2d 1269 (Fla. Dist. Ct. App. 1996)
  4. Dixon v. Singletary672 So. 2d 602 (Fla. Dist. Ct. App. 1996)
  5. Cleveland v. State574 So. 2d 289 (Fla. Dist. Ct. App. 1991)
  6. Simmons v. State580 So. 2d 295 (Fla. Dist. Ct. App. 1991) · Concurrence

Most recent

  1. Whatley v. State679 So. 2d 1269 (Fla. Dist. Ct. App. 1996)
  2. Reaves v. State686 So. 2d 18 (Fla. Dist. Ct. App. 1996)
  3. Dixon v. Singletary672 So. 2d 602 (Fla. Dist. Ct. App. 1996)
  4. Sanders v. State621 So. 2d 723 (Fla. Dist. Ct. App. 1993)
  5. Cleveland v. State587 So. 2d 1145 (Fla. 1991)
  6. Simmons v. State580 So. 2d 295 (Fla. Dist. Ct. App. 1991) · Concurrence

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Perez v. State, 528 So. 2d 129 (Fla. Dist. Ct. App. 1988) 16

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