Opinion
Case No. 3D02-691
Opinion filed January 29, 2003. Rehearing or Rehearing En Banc Denied March 12, 2003.
An appeal from the Circuit Court for Miami-Dade County, Leonard E. Glick, Judge. Lower Tribunal No. 96-8851.
Bennett H. Brummer, Public Defender and Harvey J. Sepler, Assistant Public Defender, for appellant.
Charlie Crist, Attorney General and Frank J. Ingrassia, Assistant Attorney General, for appellee.
Before LEVY, GREEN, and RAMIREZ, JJ.
This is an appeal from a final judgment of conviction for first-degree murder with a firearm and unlawful possession of a firearm during the commission of a felony (the murder).
The State concedes, and we agree, that the defendant's conviction and sentence, for unlawful possession of a firearm during the commission of a felony, constitutes a violation of the defendant's double jeopardy rights. See Henton v. State, 789 So.2d 524 (Fla.3dDCA 2001). See also Cleveland v. State, 587 So.2d 1145 (Fla. 1991).
Accordingly, finding no other meritorious point on appeal, we vacate the defendant's judgment with regard to the unlawful possession of a firearm conviction, and remand for resentencing.
Affirmed in part, reversed in part and remanded.