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AMBROA v. STATE
District Court of Appeal of Florida, Third District.
Aug 8, 1989
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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