Florida District Courts of Appeal, 1998

Vidal v. State

Vidal v. State
Florida District Courts of Appeal · Decided January 28, 1998 · Fletcher, Gersten, Nesbitt
704 So. 2d 746; 1998 Fla. App. LEXIS 588; 1998 WL 27577 (Southern Reporter, Second Series)

Vidal v. State

Opinion of the Court

PER CURIAM.

We affirm the appellant’s conviction and sentence for attempted second degree murder with a firearm. However, as the State correctly concedes error, we vacate the conviction and sentence for the unlawful possession of a firearm while engaged in a criminal offense and remand for resentencing consistent with this opinion. See Cleveland v. State, 587 So.2d 1145 (Fla. 1991); Harrison v. State, 593 So.2d 600 (Fla. 3d DCA 1992).

Affirmed in part; vacated in part and remanded.

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