Martinez v. State

District Court of Appeal of Florida

Decided August 22, 1989

District Court of Appeal of Florida · decided 1989-08-22

Cited by 5 later decisions — most recently September 2015

5 state decisions

Relies on 515 So. 2d 161 - Carawan v. State · 541 So. 2d 777 - Mozqueda v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1989-08-22

View the full empirical analysis of this case →

¶1CONFESSION OF ERROR

PER CURIAM.

¶2The state having correctly conceded that Martinez’s convictions for attempted first degree murder with a firearm and for unlawful possession of a firearm while engaged in a criminal offense violated the double jeopardy provision of the Florida and United States Constitutions, Carawan v. State, 515 So.2d 161 (Fla.1987); Mozqueda v. State, 541 So.2d 777 (Fla. 3d DCA 1989), we reverse and remand to the trial court with instructions to vacate Martinez’s conviction for unlawful possession of a firearm while engaged in a criminal offense.

¶3Reversed and remanded.