Gonzalez v. State (543 So. 2d 386, 1989)

PER CURIAM.

We vacate the defendant’s conviction of unlawful possession of a firearm while engaged in a criminal offense, § 790.07, Fla. Stat. (1985), as violative of the double jeopardy provisions of the state and federal constitutions because he has also been charged and convicted of first degree murder with a firearm for the same offense. Carawan v. State, 515 So.2d 161 (Fla.1987); Mozqueda v. State, 541 So.2d 777 (Fla. 3d DCA 1989); Tunidor v. State, 541 So.2d 165 (Fla. 3d DCA 1989); Smith v. State, 539 So.2d 601 (Fla. 3d DCA 1989); Henderson v. State, 526 So.2d 743 (Fla. 3d DCA 1988); contra Harper v. State, 537 So.2d 1131 (Fla. 1st DCA 1989).

We find no error in the prosecutor’s closing argument to the jury. Breedlove v. State, 413 So.2d 1 (Fla.), cert. denied, 459 U.S. 882, 103 S.Ct. 184, 74 L.Ed.2d 149 (1982). Thus, we affirm the conviction of first degree murder with a firearm.

Affirmed in part; reversed in part.