Opinion
No. 98-1120
Opinion filed April 14, 1999. JANUARY TERM, A.D. 1999
A Case of Original Jurisdiction. Edwin Whitehead, in proper person, L.T. No. 92-12914.
Robert A. Butterworth, Attorney General, and Terri Leon-Benner, Assistant Attorney General, for respondent.
Before COPE, GODERICH and SHEVIN, JJ.
Based on the respondent's proper confession of error, we grant defendant's petition for writ of habeas corpus. Defendant's conviction and sentence for count VIII, unlawful possession of a firearm while engaged in a criminal offense, is hereby reversed. Dixon v. Singletary, 724 So.2d 1192 (Fla. 3d DCA 1998), and cases cited therein. This cause is remanded with instructions to vacate the conviction and sentence only on this one count; the petition is denied in all other respects.