Hampton v. State

Full title: WILLETTE C. HAMPTON, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Dec 5, 1989

552 So. 2d 1197 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-1510.

December 5, 1989.

Appeal from the Circuit Court, Dade County, Ronald A. Friedman, J.

Bennett H. Brummer, Public Defender, and N. Joseph Durant, Jr., Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Julie S. Thornton, Asst. Atty. Gen., for appellee.

Before BARKDULL, FERGUSON and GERSTEN, JJ.

CONFESSION OF ERROR

PER CURIAM.

Appellant, Willette C. Hampton, appeals her conviction for unlawful possession of a weapon while engaged in a criminal offense. Simultaneously with that conviction, appellant was also convicted of manslaughter with a deadly weapon. Appellant contends that the dual convictions were violative of double jeopardy provisions of state and federal constitutions. Based upon the State's confession of error and our own independent review of this case, we reverse and remand for vacating the conviction for unlawful possession of a weapon while engaged in a criminal offense. Gonzalez v. State, 543 So.2d 386 (Fla. 3d DCA), review denied, 549 So.2d 1014 (Fla. 1989).

Affirmed in part, reversed in part, and remanded.