Williams v. State

Full title: Joseph Williams, Appellant, v. State of Florida, Appellee.

Court: Third District Court of Appeal State of Florida

Date published: Mar 7, 2012

No. 3D08-2674 (Fla. Dist. Ct. App. Mar. 7, 2012)

Opinion

No. 3D08-2674 Lower Tribunal No. 06-41976

03-07-2012

Joseph Williams, Appellant, v. State of Florida, Appellee.

Carlos J. Martinez, Public Defender, and Billie Jan Goldstein, Assistant Public Defender, for appellant. Pamela Jo Bondi, Attorney General, and Linda S. Katz, Assistant Attorney General, for appellee.

CORTIÑAS

Not final until disposition of timely filed motion for rehearing.

An Appeal from the Circuit Court for Miami-Dade County, Beatrice A. Butchko, Judge.

Carlos J. Martinez, Public Defender, and Billie Jan Goldstein, Assistant Public Defender, for appellant.

Pamela Jo Bondi, Attorney General, and Linda S. Katz, Assistant Attorney General, for appellee. Before CORTIÑAS, EMAS, and FERNANDEZ, JJ.

CORTIÑAS, J.

We affirm the final judgment and sentence of the circuit court in all respects except his conviction for unlawful possession of a firearm during the commission of a criminal offense. Appellant correctly argues that his conviction on this count is illegal and must be vacated as violative of the double jeopardy clause where he was also convicted of one count of armed carjacking, for which a minimum mandatory sentence of ten years was imposed. See Cleveland v. State, 587 So. 2d 1145 (Fla. 1991); Merrell v. State, 841 So. 2d 677 (Fla. 3d DCA 2003); Hall v. State, 752 So.2d 1245 (Fla. 3d DCA 2000).

Affirmed in part, reversed in part, and remanded.