Vidal v. State

Full title: LAWRENCE LEE VIDAL, Appellant, vs. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Jan 28, 1998

704 So. 2d 746 (Fla. Dist. Ct. App. 1998)

Opinion

Case No. 97-1590

Opinion filed January 28, 1998. JANUARY TERM, A.D. 1998

An Appeal from the Circuit Court for Dade County, Lauren Levy Miller, Judge. L.T. No. 96-719

Bennett H. Brummer, Public Defender, and Ada Manzano Avallone, Special Assistant Public Defender, for appellant.

Robert A. Butterworth, and Lara J. Edelstein, Assistant Attorney General (Fort Lauderdale), for appellee.

Before NESBITT, GERSTEN, and FLETCHER, JJ.

PER CURIAM.

We affirm the appellant's conviction and sentence for attempted second degree murder with a firearm. However, as the State correctly concedes error, we vacate the conviction and sentence for the unlawful possession of a firearm while engaged in a criminal offense and remand for resentencing consistent with this opinion. See Cleveland v. State, 587 So.2d 1145 (Fla. 1991); Harrison v. State, 593 So.2d 600 (Fla. 3d DCA 1992).

Affirmed in part; vacated in part and remanded.