District Court of Appeal of Florida September 13, 1995, No. 94-2410 (State v. Smith)

PER CURIAM.

The State appeals an order dismissing a severed count of possession of a firearm by a convicted felon on the ground that the defendant’s acquittal of the earlier-tried charge of murder in the second degree, under the circumstances there presented, was collateral estoppel as to the firearm possession charge. See Gragg v. State, 429 So.2d 1204 (Fla.), cert. denied, 464 U.S. 820, 104 S.