Sands v. State

Full title: KEVIN SANDS, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Nov 13, 1996

682 So. 2d 702 (Fla. Dist. Ct. App. 1996)

Opinion

No. 95-2830.

November 13, 1996.

An appeal conducted pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), from the Circuit Court for Dade County, Stanford Blake, Judge.

Kevin Sands, in pro. per.

Robert A. Butterworth, Attorney General, for appellee.

Before COPE, LEVY and SHEVIN, JJ.

PER CURIAM.

We affirm the trial court's order denying defendant's motion for post-conviction relief. We remand, however, so that the court may vacate defendant's firearm conviction. The record reveals that the trial court failed to follow this court's mandate in Sands v. State, 547 So.2d 293, 293 (Fla. 3d DCA 1989), wherein we "vacate[d] the defendant's conviction of unlawful possession of a firearm while engaged in a criminal offense."

Affirmed; remanded with directions.