ANDERSON v. STATE, 541 So.2d 797 (Fla.App. 3 Dist. 1989)

EVOYNE GERTRUDE ANDERSON, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE.

No. 87-1488.District Court of Appeal of Florida, Third District.
April 25, 1989.

An Appeal from the Circuit Court for Dade County; Martin Greenbaum, Judge.

Bennett H. Brummer, Public Defender and Marti Rothenberg, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen. and Ivy Ginsberg, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., BARKDULL, J., and JAMES C. DAUKSCH, Jr., Associate Judge.

PER CURIAM.

The appellant was convicted of second degree murder and possession of a firearm arising out the same criminal episode. She urges error in the sufficiency of the evidence, in the court’s reinstruction of the jury, and in the conviction for possession of a firearm (which was used in the homicide.) We find no error in the first two grounds. Hedges v. State, 172 So.2d 824
(Fla. 1965); Garcia v. State, 535 So.2d 290 (Fla. 3d DCA 1988); Hyer v. State, 462 So.2d 488 (Fla. 2d DCA 1984); Brewer v. State, 413 So.2d 1217 (Fla. 5th DCA 1982).

As to the third, we agree that this conviction and sentence was inappropriate, Carawan v. State, 515 So.2d 161 (Fla. 1987) Henderson v. State, 526 So.2d 743 (Fla. 3d DCA 1988), and by this opinion hereby vacate same, and strike the conviction and sentence for possession of a firearm.

Affirmed as modified.