Martinez v. State
District Court of Appeal of Florida
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
- Carawan v. StateSupreme Court of Florida · 1987
- Mozqueda v. StateDistrict Court of Appeal of Florida · 1989