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WILLIAMS v. STATE

District Court of Appeal of Florida, Third District.
Mar 14, 1989

PER CURIAM.

The State concedes, correctly, that a conviction for possession of a firearm in the commission of a felony is unconstitutional where a defendant is also convicted of armed kidnapping. Carawan v. State, 515 So.2d 161 (Fla. 1987); see Heath v. State, 532 So.2d 9 (Fla. 1st DCA 1988). For that reason the firearms conviction is reversed. Viera v. State, 532 So.2d 743 (Fla. 3d DCA 1988).

A review of the record discloses no grounds for overturning the conviction or sentences for first-degree murder, armed kidnapping, battery on a police officer, resisting arrest with violence, and leaving the scene of an accident.

AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR CORRECTION OF THE JUDGMENT.