KEVIN D. SANDS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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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. State, 515 So. 2d 161 (Fla.1987); Gonzalez v. State, 543 So. 2d 386 (Fla. 3d DCA 1989). Nonetheless, we find that the defendant was otherwise properly sentenced having elected as he did to be sentenced outside the strictures of the sentencing guidelines for this offense which occurred before the guidelines’ effective date. Newsome v. State, 473 So. 2d 709 (Fla. 2d DCA 1985).
For the foregoing reasons, the defendant’s conviction for unlawful possession of a firearm is reversed. In all other respects, his conviction and sentence are affirmed.
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Smith v. State, 548 So. 2d 755 (Fla. 5th DCA 1989)…State, 545 So. 2d 359 (Fla. 2d DCA 1989); Marion v. State, 526 So. 2d 1077 (Fla. 2d DCA 1988). THIRD DISTRICT COURT OF APPEAL: Dixon v. State, 546 So. 2d 1194 (Fla. 3d DCA 1989); Ambroa v. State, 547 So. 2d 294 (Fla. 3d DCA 1989); Sands v. State, 547 So. 2d 293 (Fla. 3d DCA 1989); State v. Finney, 550 So. 2d 1141 (Fla. 3d DCA 1989); Joseph v. State, 547 So. 2d 249 (Fla. 3d DCA 1989); Jones v. State, 546 So. 2d 126 (Fla. 3d DCA 1989); Holsey v. State, 544 So. 2d 342 (Fla. 3d DCA 1989); Gonzalez v. State, 54…
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Sands v. State, 682 So. 2d 702 (Fla. 3d DCA 1996)…al court’s order denying defendant’s motion for post-conviction relief. We remand, however, so that the court may vacate defendant’s firearm conviction. The record reveals that the trial court failed to follow this court’s mandate in Sands v. State, 547 So. 2d 293, 293 (Fla. 3d DCA 1989), [*703] wherein we “vaeate[d] the defendant’s conviction of unlawful possession of a firearm while engaged in a criminal offense.” Affirmed; remanded with directions.…
Authorities Cited
- Dion Michael Carawan v. State, 515 So. 2d 161 (Fla. 1987)
- Newsome v. State, 473 So. 2d 709 (Fla. 2d DCA 1985)
- State v. Alejander Perez, 543 So. 2d 386 (Fla. 3d DCA 1989)
- Gonzalez v. State, 543 So. 2d 386 (Fla. 3d DCA 1989)