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AURELIO AMBROA, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE.

PER CURIAM.

Where a defendant's conviction for second degree murder is enhanced due to the use of a firearm, the defendant cannot also be convicted for possession of that firearm in the commission of a felony where both charges arise from a single act. Smith v. State, 539 So.2d 601 (Fla. 3d DCA 1989); Henderson v. State, 526 So.2d 743 (Fla. 3d DCA 1988).

The conviction for possession of a firearm in the course of committing a felony is reversed and the cause is remanded for further proceedings.

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AMBROA v. STATE
(Aug 8, 1989)