Opinion
No. 94-03744.
June 28, 1996.
Appeal from the Circuit Court, Sarasota County, Gilbert A. Smith, Senior Judge.
James Marion Moorman, Public Defender, and Kevin Briggs, Assistant Public Defender, Bartow, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Wendy Buffington, Assistant Attorney General, Tampa, for Appellee.
Tarell Dwight Reaves appeals his judgments and sentences for first-degree murder, armed robbery with a firearm, and possession of a firearm during the commission of a felony. Although Mr. Reaves raised several issues in his appeal, only his challenge concerning his convictions for both armed robbery with a firearm and possession of a firearm during the commission of a felony has merit. Because dual convictions for these offenses are barred by the prohibition against double jeopardy, we vacate the conviction for possession of a firearm during the commission of a felony. See Cleveland v. State, 587 So.2d 1145 (Fla. 1991); Graham v. State, 559 So.2d 410 (Fla. 2d DCA 1990).
Judgments and sentences affirmed as modified.
RYDER, A.C.J., and FRANK and ALTENBERND, JJ., concur.