Holsey v. State

544 So. 2d 342, 14 Fla. L. Weekly 1438, 1989 Fla. App. LEXIS 3341, 1989 WL 62762

• Court: District Court of Appeal of Florida
• Decided: June 13, 1989
• Docket: No. 87-2398
• Status: Published

Opinion

PER CURIAM.

No reversible error having been shown with respect to appellant’s conviction of attempted second-degree murder, the appellant’s conviction on that count is affirmed.¹ The State has conceded that appellant’s conviction for possession of a firearm while committing a criminal offense must be vacated. See Smith v. State, 539 So.2d 601 (Fla. 3d DCA 1989); Brown v. State, 538 So.2d 116 (Fla. 5th DCA 1989); Henderson v. State, 526 So.2d 743 (Fla. 3d DCA 1988). See generally Morales v. State, 541 So.2d 1289 (Fla. 3d DCA 1989).

The conviction of attempted second-degree murder is therefore affirmed. The conviction and sentence for possession of a firearm while engaged in a criminal offense are vacated.

1 . The charge of attempted second-degree murder, a second-degree felony, see §§ 777.04, 782.-04(2), Fla.Stat. (1985), was reclassified to a first-degree felony by reason of the use of a firearm. § 775.087(l)(b), Fla.Stat. (1985).