Opinion

Brown v. State

  • 219 So. 3d 866
  • 2017 Fla. App. LEXIS 7840
  • 2017 WL 2350134
Court
District Court of Appeal of Florida
Filed
May 31, 2017
Status
Published
On the bench
Ciklin, Damoorgian, Forst
Cited by
2 cases
Authority
More cited than 52.9%

The opinion

Per Curiam.

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.

. Appellant did not waive his double jeopardy claim. He' entered an unbargained open plea without expressly waiving his right to bring the double jeopardy challenge. Novaton v. State, 634 So.2d 607, 609 (Fla. 1994); Labovick v. State, 958 So.2d 1065, 1068 (Fla. 4th DCA 2007).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.