EMMONS v. STATE

No. 87-1794.

546 So.2d 69 (1989)

Charles EMMONS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 30, 1989.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Deborah K. Brueckheimer, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.


DANAHY, Judge.

In this appeal, the appellant, Charles Emmons, contends (1) that a flare gun is not a "firearm" within the meaning of the Florida criminal statutes; (2) that his double jeopardy rights were violated by his convictions for armed robbery as well as for possession of a firearm during the commission of the same robbery; and (3) that he received an illegal sentence for a third-degree felony conviction. He is incorrect on the first point but correct on the...

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