Hollinger v. State

Full title: FLETCHER EMBREY HOLLINGER, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Jul 24, 1990

564 So. 2d 262 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-864.

July 24, 1990.

An Appeal from the Circuit Court for Dade County; Arthur L. Rothenberg, Judge.

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

Robert A. Butterworth, Atty. Gen., and Jorge Espinosa, Asst. Atty. Gen., for appellee.

Before HUBBART, NESBITT and BASKIN, JJ.

PER CURIAM.

We reject the defendant's first two points on appeal on the authority of State v. DiGuilio, 491 So.2d 1129 (Fla. 1986); Palmes v. State, 397 So.2d 648, 653 (Fla.), cert. denied, 454 U.S. 882, 102 S.Ct. 369, 70 L.Ed.2d 195 (1981); Ross v. State, 386 So.2d 1191 (Fla. 1980); Castor v. State, 365 So.2d 701 (Fla. 1978). However, we reverse his conviction on the charge of possession of a firearm in the commission of a felony on the authority of Jones v. State, 547 So.2d 1278 (Fla. 3d DCA 1989). As in Jones and Reddick v. State, 554 So.2d 564 (Fla. 3d DCA 1989), we certify conflict with Harper v. State, 537 So.2d 1131 (Fla. 1st DCA 1989).

In all other respects, the defendant's convictions and corresponding sentences are hereby affirmed.