Opinion
No. 3D99-2960.
Opinion filed March 8, 2000.
An Appeal under Florida Rule of Appellate Procedure 9.140(i) from the Circuit Court for Dade County, Marc Shumacher, Judge, L.T. No. 92-178.
Arthur Hall, in proper person.
Robert A. Butterworth, Attorney General, and Christine E. Zahralban, Assistant Attorney General, for appellee.
Before COPE, SHEVIN and SORONDO, JJ.
We reverse the order denying defendant's motion to correct illegal sentence. After return of the jury's verdict, the court recognized that double jeopardy prohibited convictions for both unlawful possession of a firearm while engaged in a criminal offense and robbery with a firearm. However, the written judgment reflects adjudications of guilt on both counts. As the state properly concedes, the conviction and sentence for unlawful possession of a firearm must be vacated.
Accordingly, we reverse the order and remand for correction of the judgment and sentence.