ARRINGTON BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Double jeopardy prohibits convictions for both possession of a firearm by a convicted felon and possession of ammunition by a convicted felon when the firearm and ammunition were possessed simultaneously.
Appellant was convicted of possession of a firearm by a convicted felon and possession of ammunition by a convicted felon. The record indicates he sim…
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Appellant, Arrington Brown, appeals the trial court’s order summarily denying his timely rule 3.850 motion for postconvietion relief. He claims that his convictions for possession of a firearm by a convicted felon and possession of ammunition by a convicted felon pursuant to section 790.23, Florida Statutes (2004), violate the prohibition against double jeopardy. We agree.
This court has held that double jeopardy prohibits convictions for both possession of a firearm by a convicted felon and possession of ammunition by a convicted felon where the firearm and ammunition were possessed at the same time. Boyd v. State, 17 So.3d 812, 818 (Fla. 4th DCA 2009); Strain v. State, 77 So.3d 796, 797 (Fla. 4th DCA 2011). The record indicates that appellant simultaneously possessed the firearm and ammunition.
Accordingly, we reverse and remand for the trial court to vacate either of the convictions and resentence appellant on the remaining counts with a corrected score-sheet.1 Boyd v. State, 17 So.3d at 818; Gonzalez v. State, 123 So.3d 691 (Fla. 4th DCA 2013).
Reversed and remanded.
Ciklin, C.J., Damoorgian and Forst, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Poma v. State, 245 So. 3d 977 (Fla. 3d DCA 2018)…e discretionary, the trial court was required to have the defendant present for resentencing with a corrected scoresheet. See Jordan v. State, 143 So. 3d 335, 338 (Fla. 2014); Fernandez v. State, 199 So. 3d 500 (Fla. 2d DCA 2016); Brown v. State, 219 So. 3d 866 (Fla. 4th DCA 2017). On remand, the trial court is free to impose the same sentence or any legal sentence. See State v. Davis, 133 So. 3d 1101, 1107 n.9 (Fla. 3d DCA 2014) (Emas, J.) (“At the new sentencing proceeding, the trial court is free to…
Authorities Cited
- Novaton v. State, 634 So. 2d 607 (Fla. 1994)
- Labovick v. State, 958 So. 2d 1065 (Fla. 4th DCA 2007)
- Boyd v. State, 17 So. 3d 812 (Fla. 4th DCA 2009)
- Ernie Terrell Strain v. State, 77 So. 3d 796 (Fla. 4th DCA 2011)
- Gonzalez v. State, 123 So. 3d 691 (Fla. 4th DCA 2013)