Opinion
No. 88-845.
August 22, 1989.
A Case of Original Jurisdiction — Habeas Corpus.
Bennett H. Brummer, Public Defender, and N. Joseph Durant, Jr., Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., for appellee.
Before NESBITT, BASKIN and COPE, JJ.
CONFESSION OF ERROR
The state having correctly conceded that Martinez's convictions for attempted first degree murder with a firearm and for unlawful possession of a firearm while engaged in a criminal offense violated the double jeopardy provision of the Florida and United States Constitutions, Carawan v. State, 515 So.2d 161 (Fla. 1987); Mozqueda v. State, 541 So.2d 777 (Fla. 3d DCA 1989), we reverse and remand to the trial court with instructions to vacate Martinez's conviction for unlawful possession of a firearm while engaged in a criminal offense.
Reversed and remanded.