the jury’s verdict on the underlying felony charge, the guilty verdict for possession of a firearm during the commission of a felony was within the power of the jury to return.” Id. The Florida Supreme Court reversed and reinstated the trial court’s order arresting the judgment on the firearm charge. Id. at 956. The supreme court concluded that the verdicts were inconsistent, because the jury found the defendant guilty of simple battery, a misdemeanor. The jury, in effect, acquitted the defendant of the felonies of aggravated battery and attempted aggravated battery, and the existence of a felony or an attempted felony was an essential element of the crime of unlawful possession of a firearm during the commission of a felony. Id.; see also Mahaun v. State, 377 So.2d 1158 (Fla.1979) (<HOLDING>). Here, the jury, in response to an
holding that proof of an agreement to commit a felony is not a necessary element in a conviction for the commission of the felony holding error is not harmless when the accused is convicted of firstdegree murder on a general verdict after a trial in which premeditation and felony murder theories are espoused if the felony underlying the felony murder charge is based on a legally unsupportable theory holding that although the specific underlying felony is an essential element of felonymurder the government is not required to include the elements of the underlying felony or state the specific means by which it alleges the defendant committed the underlying felony holding that where both firstdegree and felony murder were possible bases for a murder conviction a jury instruction that suggested the jury could rely on felony murder as the predicate offense for a conviction for conspiracy to commit murder was improper because under arizona law a conviction for conspiracy to commit firstdegree murder requires a specific intent to kill holding that reversal of conviction for felony murder was required where jury failed to find the defendant guilty of the underlying felony as essential element of the felony murder offense