CHARLES PLOWMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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[*92] PER CURIAM.
Appellant, convicted of three counts of possession of a firearm by a convicted felon in violation of section 790.23, Florida Statutes (1987), for three separate weapons discovered at the same time in his home pursuant to a valid search warrant, argues that the three separate convictions constitute a double jeopardy violation. We agree that it was improper to find appellant guilty on all three counts. State v. Watts, 462 So. 2d 813 (Fla.1985); Grappin v. State, 450 So. 2d 480 (Fla.1984). We reverse appellant’s convictions for possession of the two stun guns. Inasmuch as the sentences imposed were departure sentences, and we cannot determine whether the trial judge would again depart, we reverse all three sentences imposed and remand for resentencing utilizing a corrected scoresheet.
FRANK, C.J., and RYDER and CAMPBELL, JJ., concur.
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Hill v. State, 711 So. 2d 1221 (Fla. 1st DCA 1998)…mphasis added), it is clear that his possession of two firearms at the same time may only be prosecuted as a single violation. It would appear that the only other district to have addressed this precise issue agrees with appellant. Plowman v. State, 622 So. 2d 91 (Fla. 2d DCA 1993) (convictions on three counts of possession of a firearm by a convicted felon based upon three firearms discovered in defendant’s home during a single search violate the prohibition against double jeopardy); Owens v. State, 681 So.…
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Francis v. State, 41 So. 3d 975 (Fla. 5th DCA 2010)…le convictions where, during a single episode, the defendant was found to be in possession of more than one firearm. See, e.g., Hill v. State, 711 So. 2d 1221 (Fla. 1st DCA 1998); Owens v. State, 681 So. 2d 1194 (Fla. 2d DCA 1996); Plowman v. State, 622 So. 2d 91 (Fla. 2d DCA 1993). The State contends that the instant case is distinguishable because Francis was in possession of a firearm and ammunition rather than two or more firearms. It is the State’s contention that the term “any” in section 790.23 shoul…
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Owens v. State, 681 So. 2d 1194 (Fla. 2d DCA 1996)…s with fifteen separate counts of possession of a firearm by a convicted felon in its amended information, and Owens was convicted and sentenced on each count. We conclude that Owens could not be convicted on all fifteen counts. In Plowman v. State, 622 So. 2d 91 (Fla. 2d DCA 1993), this court reversed separate convictions of possession of a firearm by a convicted felon for separate firearms discovered at the same time in the defendant’s home because the separate convictions constituted a double jeopardy vio…
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- Smith v. State, 450 So. 2d 480 (Fla. 1984)
- State v. Watts, 462 So. 2d 813 (Fla. 1985)