Opinion
No. 90-76.
October 23, 1990. Rehearing Denied November 29, 1990.
An Appeal from the Circuit Court for Dade County; Fredricka G. Smith, Judge.
Bennett H. Brummer, Public Defender, and N. Joseph Durant, Jr., Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and Jorge Espinosa, Asst. Atty. Gen., for appellee.
Before BARKDULL, FERGUSON and JORGENSON, JJ.
In addition to being convicted of first degree murder with a firearm, the appellant was also convicted of unlawful possession of the same firearm. As announced in the following authorities, Carawan v. State, 515 So.2d 161 (Fla. 1987); Jones v. State, 547 So.2d 1278 (Fla. 3d DCA 1989); Gonzalez v. State, 543 So.2d 386 (Fla. 2d DCA 1989), the possession conviction cannot stand.
Therefore, the conviction, judgment, and sentence for possession of a firearm while committing a criminal offense, be and the same are hereby reversed and set aside with directions to the trial court to eliminate said conviction and sentence from the sentencing papers.