Florida District Courts of Appeal, 2003

Smith v. State

Smith v. State
Florida District Courts of Appeal · Decided January 29, 2003 · Green, Levy, Ramirez
839 So. 2d 738; 2003 Fla. App. LEXIS 970; 2003 WL 183597 (Southern Reporter, Second Series)

Smith v. State

Opinion of the Court

PER CURIAM.

This is an appeal from a final judgment of conviction for first-degree murder with a firearm and unlawful possession of a firearm during the commission of a felony (the murder).

The State concedes, and we agree, that the defendant’s conviction and sentence, for unlawful possession of a firearm during the commission of a felony, constitutes a violation of the defendant’s double jeopardy rights. See Henton v. State, 789 So.2d 524 (Fla. 3d DCA 2001). See also Cleveland v. State, 587 So.2d 1145 (Fla. 1991).

Accordingly, finding no other meritorious point on appeal, we vacate the defendant’s judgment with regard to the unlaw*739ful possession of a firearm conviction, and remand for resentencing.

Affirmed in part, reversed in part and remanded.

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