Opinion
No. 3D13-2864 Lower Tribunal No. 89-32229A
02-12-2014
Godfrey Era, Appellant, v. The State of Florida, Appellee.
Godfrey Era, in proper person. Pamela Jo Bondi, Attorney General, for appellee.
Not final until disposition of timely filed motion for rehearing.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Victoria R. Brennan, Judge.
Godfrey Era, in proper person.
Pamela Jo Bondi, Attorney General, for appellee. Before SUAREZ, LAGOA and LOGUE, JJ.
SUAREZ, J.
Godfrey Era appeals from the denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800. We affirm the order denying the appellant's motion to correct illegal sentence in all respects except his conviction for unlawful possession of a firearm during the commission of a felony in Case No. F89-32229A. Appellant correctly argues that his conviction on this count is illegal and must be vacated as it violates the double jeopardy clause, where he was also convicted of first-degree murder, armed robbery with a firearm, and possession of a firearm while engaged in a criminal offense in this same case. See Williams v. State, 109 So. 3d 831 (Fla. 3d DCA 2013); Hall v. State, 752 So. 2d 1245 (Fla. 3d DCA 2000). We reverse that part of the order denying relief as to the conviction and sentence for unlawful possession of a firearm during the commission of a felony, and remand with directions to vacate that conviction and sentence only. We affirm the remaining convictions and sentences.
Affirmed in part. Reversed in part and remanded with directions.