TIMOTHY LEROY COOPER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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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.
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- Quinten L. Cleveland v. State, 587 So. 2d 1145 (Fla. 1991)