HENDERSON v. STATE

No. 87-2447.

526 So.2d 743 (1988)

Herbert HENDERSON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 6, 1988.


Attorney(s) appearing for the Case

Herbert Henderson, in Pro. Per.

Robert A. Butterworth, Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and BASKIN and FERGUSON, JJ.


PER CURIAM.

Henderson was convicted of "Possession of a Firearm in the Commission of a Felony," section 790.07, Florida Statutes (1987), and "Second Degree Murder by Use of a Firearm," sections 782.04(2) and 775.087, Florida Statutes (1987). Both of these convictions resulted from a single act by Henderson, i.e., the firing of a firearm at another individual.

Both convictions cannot stand. Faced with a similar question the fifth district held:

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