MONSANTO v. STATE

No. 87-2214.

530 So.2d 952 (1988)

Boyd Alfred MONSANTO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

As Corrected September 20, 1988.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Robert Kalter, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Michele L. Crawford, Asst. Atty. Gen., for appellee.

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


PER CURIAM.

The primary point on appeal is the challenge to defendant's conviction for the possession and the use of a firearm during the commission of a felony, here, a kidnapping. We reverse.

The defendant was convicted of kidnapping, section 787.01, Florida Statutes (1985), as well as possession of a firearm in the commission of a felony, section 790.07(2), Florida Statutes (1985). Because the evidence demonstrated that he employed a weapon in the commission...

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