Hancock v. State

COWART, Judge.

A violation of constitutional double jeopardy rights being fundamental error, State v. Johnson, 483 So.2d 420 (Fla.1986), we reverse and vacate the defendant’s conviction, under Count VII of case number G88-1597-CFA in the criminal division of the Circuit Court for Seminole County, Florida, of the offense of use of a firearm in the commission of a felony, section 790.07(2), Florida Statutes. See Hall v. State, 517 So.2d 678 (Fla.1988); Kelly v. State, 552 So.2d 1140 (Fla. 5th DCA 1989); Kelly v. State, 552 So.2d 206 (Fla. 5th DCA 1989); Curry v. State, 539 So.2d 573 (Fla. 5th…