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HENTON v. STATE

No. 3D00-2071.

789 So.2d 524 (2001)

Robert Lee HENTON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

July 18, 2001.

Attorney(s) appearing for the Case

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

Robert A. Butterworth, Attorney General and Michael J. Neimand, Assistant Attorney General, for appellee.

Before COPE and SHEVIN, JJ., and NESBITT, Senior Judge.

Based upon our independent review of the record, as well as the State's candid and correct confession of error, we agree with Defendant that his conviction of unlawful possession of firearm during commission of felony violated double jeopardy, where he was also convicted of manslaughter with a firearm. See Cleveland v. State, 587 So.2d 1145 (Fla.1991)(concluding that a person could not be convicted of both attempted robbery with...

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