Quinten L. Cleveland v. State Florida

We review Cleveland v. State, 574 So.2d 289 (Fla. 5th DCA 1991), because of direct conflict with Graham v. State, 559 So.2d
410 (Fla. 2d DCA 1990).*{/Cite} Cleveland was convicted of and sentenced for the two crimes of attempted armed burglary
with a firearm, sections 812.13(1) and (2)(a) and 777.04, Florida Statutes (1989), and use of a firearm while committing
a felony, section 790.07(2), Florida Statutes (1989). The convictions stemmed from a single act committed by Cleveland. The
issue under review is whether both convictions are proper. In the instant case, the Fifth District Court of Appeal held that
both convictions were proper. The holding was in direct conflict with the Second District Court of Appeal's decision in Graham,
which held that similar dual convictions constituted a violation of double jeopardy. In Hall v. State, 517 So.2d 678 (Fla. 1988), we ruled that the imposition of convictions for both robbery with a firearm
and the display of a firearm during a criminal offense was improper when the convictions arose out of a single act. Our rationale
in Hall was predicated in large part on Carawan v. State, 515 So.2d 161 (Fla. 1987). The special concurring opinion in the
decision under review and the state both contend that the legislature's enactment of the 1988 amendment to section 775.021(4)
of the Florida Statutes repudiated the rationale supporting Carawan. They further contend that because the Hall decision utilized
the Carawan holding, Hall is no longer valid and we should return to State v. Gibson, 452 So.2d 553 (Fla. 1984), in which
similar dual convictions were permitted.