Jones v. State

Full title: FREDDIE CECIL JONES, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Aug 29, 1989

547 So. 2d 1278 (Fla. Dist. Ct. App. 1989)

Opinion

No. 87-1687.

August 29, 1989.

An Appeal from the Circuit Court for Dade County; Norman S. Gerstein, Judge.

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

Robert A. Butterworth, Atty. Gen., and Michael J. Neimand, Asst. Atty. Gen., for appellee.

Before BARKDULL, FERGUSON and COPE, JJ.

PER CURIAM.

The appellant in this matter was convicted of unlawful possession of a firearm while engaged in a criminal offense, to wit: among other things, first degree murder. He was sentenced for both crimes. We find this contrary to our pronouncement in Gonzalez v. State, 543 So.2d 386 (Fla.3d 1989). We note that this conflicts with Harper v. State, 537 So.2d 1131 (Fla. 1st DCA 1989), however, following Gonzalez, supra, we hereby return the matter to the trial court to strike the conviction and sentence of unlawful possession of a firearm.

Reversed and remanded with directions.