Opinion
No. 87-2398.
June 13, 1989.
An Appeal from the Circuit Court for Dade County; Ronald M. Friedman, Judge.
Bennett H. Brummer, Public Defender, and Henry J. Hunnefeld and Mark Maroon, Sp. Asst. Public Defenders, for appellant.
Robert A. Butterworth, Atty. Gen., and Joan L. Greenberg, Asst. Atty. Gen., for appellee.
Before FERGUSON, COPE and LEVY, JJ.
No reversible error having been shown with respect to appellant's conviction of attempted second-degree murder, the appellant's conviction on that count is affirmed. The State has conceded that appellant's conviction for possession of a firearm while committing a criminal offense must be vacated. See Smith v. State, 539 So.2d 601 (Fla. 3d DCA 1989); Brown v. State, 538 So.2d 116 (Fla. 5th DCA 1989); Henderson v. State, 526 So.2d 743 (Fla. 3d DCA 1988). See generally Morales v. State, 541 So.2d 1289 (Fla. 3d DCA 1989).
The charge of attempted second-degree murder, a second-degree felony, see §§ 777.04, 782.04(2), Fla. Stat. (1985), was reclassified to a first-degree felony by reason of the use of a firearm. § 775.087(1)(b), Fla. Stat. (1985).
The conviction of attempted second-degree murder is therefore affirmed. The conviction and sentence for possession of a firearm while engaged in a criminal offense are vacated.