Martinez v. State

Court: District Court of Appeal of Florida
Date filed: 1989-08-22
Citations: 547 So. 2d 1035
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Lead Opinion

CONFESSION OF ERROR

PER CURIAM.

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.