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BUTLER v. STATE

No. 98-1129.

760 So.2d 151 (1999)

Herman Byron BUTLER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

April 14, 1999.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Robert Kalter, Assistant Public Defender, for appellee.

Robert A. Butterworth, Attorney General, and Richard L. Polin, Assistant Attorney General, and Christian M. Pressman, Certified Legal Intern, for appellant.

Before NESBITT, FLETCHER, and SHEVIN, JJ.

PER CURIAM.

Herman Butler was convicted of aggravated battery by causing great bodily injury, the jury specifically finding that the battery was committed with a firearm. Consequently, Butler's conviction was enhanced because of use of a firearm. Butler was also convicted of possession of a firearm during the commission of a felony based on the same incident. Butler argues, and we agree, that these dual convictions constitute a double jeopardy violation. Therefore...

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