DocketNumber： 88-2515
Citation Numbers： 536 So. 2d 356
Judges： Hubbart, Baskin and Jorgenson
Filed Date： 12/27/1988
Status： Precedential
Modified Date： 3/3/2016
District Court of Appeal of Florida, Third District.
Roberto Pastor, in pro. per.
Robert A. Butterworth, Atty. Gen., for appellee.
Before HUBBART, BASKIN and JORGENSON, JJ.
PER CURIAM.
Roberto Pastor appeals the denial of his motion pursuant to Florida Rule of Criminal Procedure 3.850 for post-conviction relief. Pastor was convicted of two offenses: attempted first degree murder with a deadly weapon; and unlawful possession of a deadly weapon while engaged in a criminal offense. He received a seventeen year sentence under count one, and a concurrent sentence of five years under count two. Because Pastor's possession and display of a firearm arose from the same actions upon which his conviction for attempted first degree murder with a deadly weapon is based, we hold that Pastor's conviction on that count violates the double jeopardy clauses of the state and federal constitutions. Hall v. State, 517 So. 2d 678 (Fla. 1988); Carawan v. State, 515 So. 2d 161 (Fla. 1987); Perez v. State, 528 So. 2d 129 (Fla. 3d DCA 1988). We therefore reverse the trial court's order denying relief and remand with directions to vacate the conviction and sentence imposed for count two and to recalculate the sentence pursuant to the guidelines.
Pastor's remaining points lack merit.
REVERSED AND REMANDED.
Hall v. State , 517 So. 2d 678 ( 1988 )
Carawan v. State , 515 So. 2d 161 ( 1987 )
Perez v. State , 528 So. 2d 129 ( 1988 )
State v. Smith , 547 So. 2d 613 ( 1989 )
Brown v. State , 538 So. 2d 116 ( 1989 )
Benedit v. State , 610 So. 2d 699 ( 1992 )
Dixon v. State , 546 So. 2d 1194 ( 1989 )
Smith v. State , 548 So. 2d 755 ( 1989 )
State v. Forbes , 536 So. 2d 356 ( 1988 )