Opinion
No. 95-2163.
August 20, 1996.
Appeal from Circuit Court, Leon County, Nikki Clark, J.
Richard M. Summa, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General, and Trisha E. Meggs, Assistant Attorney General, Tallahassee, for Appellee.
The appellant challenges judgments of convictions and sentences imposed for several offenses involving a firearm. Because all of the offenses were committed with the same firearm during a single criminal episode, State v. Stearns, 645 So.2d 417 (Fla. 1994), precludes the conviction for carrying a concealed firearm. However, the various other offenses encompass conduct which would be criminal without regard to the existence of a firearm, and Allen v. State, 671 So.2d 233 (Fla. 1st DCA), rev. granted, No. 87,941 (Fla. 1996), establishes that the Stearns prohibition against convicting and sentencing for multiple crimes involving a firearm and arising out of the same criminal episode thus does not apply to these offenses. Accordingly, the appellant's conviction for carrying a concealed firearm is reversed and the sentence pertaining thereto is vacated, but the challenged orders are otherwise affirmed.
WEBSTER and MICKLE, JJ., concur.