Opinion
No. 86-1420.
March 14, 1989.
An Appeal from the Circuit Court for Dade County; Ronald M. Friedman, Judge.
Bennett H. Brummer, Public Defender, and Marti Rothenberg, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and Joni B. Braunstein, Asst. Atty. Gen., for appellee.
Before NESBITT, FERGUSON and LEVY, JJ.
The State concedes, correctly, that a conviction for possession of a firearm in the commission of a felony is unconstitutional where a defendant is also convicted of armed kidnapping. Carawan v. State, 515 So.2d 161 (Fla. 1987); see Heath v. State, 532 So.2d 9 (Fla. 1st DCA 1988). For that reason the firearms conviction is reversed. Viera v. State, 532 So.2d 743 (Fla. 3d DCA 1988).
A review of the record discloses no grounds for overturning the conviction or sentences for first-degree murder, armed kidnapping, battery on a police officer, resisting arrest with violence, and leaving the scene of an accident.
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR CORRECTION OF THE JUDGMENT.