Legal Opinion

Martinez v. State

District Court of Appeal of Florida

Decided August 22, 1989No. 88-845Published

1Opinion of the Court

CONFESSION OF ERROR

2Per 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.

3Cases cited2 opinions

  1. Carawan v. StateSupreme Court of Florida · 1987
  2. Mozqueda v. StateDistrict Court of Appeal of Florida · 1989