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SANDS v. STATE

No. 86-693.

547 So.2d 293 (1989)

Kevin D. SANDS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

August 8, 1989.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and N. Joseph Durant, Jr., Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Patricia Ann Ash, Asst. Atty. Gen., for appellee.

Before NESBITT, JORGENSON and GERSTEN, JJ.

PER CURIAM.

We vacate the defendant's conviction of unlawful possession of a firearm while engaged in a criminal offense, § 790.07, Fla. Stat. (1985), as violative of the double jeopardy provisions of the state and federal constitutions because he had already been charged with murder in the first-degree and found guilty of manslaughter with a firearm as a lesser included offense of the first-degree murder charge. Carawan v.

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