Barnes v. State

Full title: JIMMY LEE BARNES, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Apr 11, 1989

541 So. 2d 166 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-418.

April 11, 1989.

An Appeal from the Circuit Court for Dade County; Arthur L. Rothenberg, Judge.

Bennett H. Brummer, Public Defender, and Robert Burke, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Ivy R. Ginsberg, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and NESBITT and JORGENSON, JJ.

PER CURIAM.

We reverse Jimmy Lee Barnes's conviction and sentence for unlawful possession of a firearm while engaged in a criminal offense and remand for resentencing on Barnes's conviction for manslaughter with a firearm. Carawan v. State, 515 So.2d 161 (Fla. 1987); Sarduy v. State, 540 So.2d 203 (Fla.3d DCA 1989); Perez v. State, 528 So.2d 129 (Fla. 3d DCA 1988).

Reversed and remanded with directions.