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BENEDIT v. STATE

No. 92-1329.

610 So.2d 699 (1992)

William BENEDIT, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 22, 1992.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Louis Campbell, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Charles M. Fahlbusch, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and HUBBART and COPE, JJ.

PER CURIAM.

We reverse the trial court's summary denial of the defendant William Benedit's motion to vacate filed pursuant to Rule 3.850 of the Florida Rules of Criminal Procedure. Without dispute, the defendant's conviction and sentence for possession of a firearm during the commission of a felony, entered upon an adverse jury verdict, is absolutely barred by the defendant's constitutional right against double jeopardy. Cleveland v. State,

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