Mack v. State

Upon our consideration of the record and the state’s confession of error, we reverse in part the convictions ordered below and vacate in part the sentences imposed.

First, when a robbery conviction is enhanced because of the use of a firearm in the robbery, the single act with the same firearm cannot form the basis for a separate conviction and sentence. Stripling v. State, 602 So.2d 663 (Fla. 3d DCA 1992) (citing Cleveland v. State, 587 So.2d 1145, 1146 (Fla.1991)). Accordingly, Mack’s conviction for unlawful display of a firearm must be reversed and that sentence vacated. Second, in…