Sapp v. State
Annotate this CaseDefendant appealed his convictions for felony murder, criminal attempt to possess cocaine, and possession of a firearm during the commission of a crime. The court held that defendant could not be sentenced on both felony murder and the underlying felony when found guilty of both. Therefore, the court vacated the separate judgment of conviction and sentence for criminal attempt to possess cocaine. The court also held that the omission of additional language concerning proximate cause could not be considered a clear and obvious error and the second prong of the plain error test could not be met. Accordingly, the judgment was affirmed in part and vacated in part.
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