SALDANA v. STATE

No. 2D06-3285.

980 So.2d 1220 (2008)

Eliseo G. SALDANA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 2, 2008.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Elizabeth Greer, Special Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Susan M. Shanahan, Assistant Attorney General, Tampa, for Appellee.


LaROSE, Judge.

Eliseo Saldana appeals his conviction for possession of a firearm by a convicted felon. The trial court erroneously allowed the jury to deliberate on three separate instances of alleged possession where the State charged Mr. Saldana with only one count. Consequently, we reverse.

The information alleged that Mr. Saldana owned or had in his care, custody, possession, or control, a "9mm handgun and/or .45 caliber Ruger." See § 790.23...

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