MOYE v. STATE

No. 95-1519.

683 So.2d 624 (1996)

Kenneth MOYE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 22, 1996.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and S.C. Van Voorhees, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee.


PER CURIAM.

Kenneth Moye was sentenced as an habitual offender after being convicted of attempted first degree murder. Count I of the amended information alleged that Moye personally possessed a firearm and shot at the victim with a gun. The jury found Moye guilty of that charge.

Since Moye was both charged with and found guilty of perpetrating the crime with the use of a gun, the trial court was required by the language of section 775.087, Florida Statutes...

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