Citation Codes Equivalent Citations citation codes Docket Number Case No. 97-2000 Attorney(S) Bennett H. Brummer, Public Defender, and Harvey J. Sepler, Assistant Public Defender, for appellant. Robert A. Butterworth, Attorney General, and Christine E. Zahralban, Assistant Attorney General, for appellee. See more information ... Smart Summary Please sign up to generate summary. TIMOTHY LEROY COOPER, Appellant, vs. THE STATE OF FLORIDA, Appellee. CONFESSION OF ERROR PER CURIAM. As the State properly concedes, the trial court erred by adjudicating the defendant, Timothy Leroy Cooper, guilty of both robbery with a firearm, section 812.13(2)(b), Florida Statutes (1995), and unlawful possession of a firearm while engaged in a criminal offense, section 790.07(2), Florida Statutes (1995). Cleveland v. State, 587 So.2d 1145 (Fla. 1991) ("[W]hen a robbery conviction is enhanced because of the use of a firearm in committing the robbery, the single act involving the use of the same firearm in the commission of the same robbery cannot form the basis of a separate conviction and sentence for the use of a firearm while committing a felony under section 790.07(2)."). Accordingly, the defendant's conviction and sentence for unlawful possession of a firearm while engaged in a criminal offense is vacated and this cause is remanded for resentencing.