Florida District Courts of Appeal, 1989

Martinez v. State

Martinez v. State
Florida District Courts of Appeal · Decided August 22, 1989 · Baskin, Cope, Nesbitt
547 So. 2d 1035; 14 Fla. L. Weekly 1980; 1989 Fla. App. LEXIS 4691; 1989 WL 97682 (Southern Reporter, Second Series)

Martinez v. State

Opinion of the Court

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.

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