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AMBROA v. STATE

No. 87-2397.

547 So.2d 294 (1989)

Aurelio AMBROA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

August 8, 1989.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Rosa C. Figarola, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Michael J. Neimand, Asst. Atty. Gen., for appellee.

Before BARKDULL, FERGUSON and JORGENSON, JJ.

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).

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