GALBAN v. STATE

PER CURIAM.

This appeal is brought from convictions for second-degree murder and use of a firearm in the commission of a felony. We find no error in the trial court's refusal to allow defense counsel to cross-examine the State's witness with a hypothetical question that bore no relation to the facts of this case. See Sims v. State, 602 So.2d 1253 (Fla. 1992) (exclusion of immaterial evidence is not error); § 90.401, Fla. Stat. (1991).

We reverse the conviction for use of a firearm in the commission of a felony, however, on the authority of Pearson v. State, 603 So.2d 676 (Fla. 3d DCA 1992), where we held that convictions for second-degree murder with a firearm and unlawful possession of a firearm during the commission of a felony, based on the same act, were impermissibly duplicitous. Accord Goodman v. State, 567 So.2d 37 (Fla. 3d DCA 1990).

Affirmed in part, reversed in part, and remanded for resentencing.