Opinion
Case No. 96-1723
Opinion filed April 9, 1997. Rehearing Denied May 8, 1997.
An appeal from the Circuit Court for Leon County, L. Ralph Smith, Judge.
Larry D. Simpson and John M. Kvartek of Kitchen, Judkins, Simpson High, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General; Giselle Lylen Rivera, Assistant Attorney General, Tallahassee, for Appellee.
In this direct criminal appeal, although appellant raises a number of issues, we conclude that only one merits discussion. Appellant challenges his convictions for both carjacking with a firearm and use of a firearm during the commission of a felony as a violation of double jeopardy because both were predicated upon the same episode. We agree. Accordingly, we reverse appellant's conviction for use of a firearm during the commission of a felony, and remand with directions that the trial court vacate that conviction. See, e.g., M.P. v. State, 682 So.2d 79 (Fla. 1996);State v. Brown, 633 So.2d 1059 (Fla. 1994); Cleveland v. State, 587 So.2d 1145 (Fla. 1991). In all other respects, we affirm.
AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions.
WEBSTER, MICKLE and LAWRENCE, JJ., CONCUR.