BUFFORD v. STATE (2002)

District Court of Appeal of Florida,Third District.

Konduko T. BUFFORD, Appellant, v. STATE of Florida, Appellee.

No. 3D01-1079.

Decided: January 23, 2002

Before JORGENSON, GREEN, and RAMIREZ, JJ.

Bennett H. Brummer, Public Defender and Robert Godfrey, Assistant Public Defender, for appellant. Robert A. Butterworth, Attorney General and Regine Monestime, Assistant Attorney General, for appellee.

CONFESSION OF ERROR

Appellant, Konduko T. Bufford, argues and the state properly concedes that his conviction for unlawful possession of a firearm while engaged in a criminal offense must be vacated where he was also convicted of robbery with a firearm arising from the same act. See Cleveland v. State, 587 So.2d 1145, 1146 (Fla.1991). See also Buffington v. State, 776 So.2d 960, 961 (Fla. 3d DCA 2000); Thompson v. State, 744 So.2d 527 (Fla. 3d DCA 1999); Cooper v. State, 727 So.2d 266 (Fla. 3d DCA 1998). Accordingly, we reverse with directions that the appellant's conviction for unlawful possession of a firearm while engaged in a criminal offense be vacated.

Reversed with directions.

PER CURIAM.

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