IN THE INTEREST OF A.J.H., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant's delinquency adjudication based on three firearm violations arising from a single episode must be reduced to one violation because multiple convictions for firearm crimes from the same criminal episode violate the rule against cumulative punishments.
A juvenile cannot be adjudicated delinquent for multiple firearm violations arising from a single criminal episode; only one adjudication may stand.
[1] A juvenile cannot be adjudicated delinquent for multiple firearm violations arising from a single criminal episode; cumulative adjudications for different firearm crimes…
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Join FLexlaw to unlock all legal intelligenceA minor was adjudicated delinquent based on three separate firearm violations: unlawful possession of a firearm by a minor, carrying a concealed firea…
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PER CURIAM.
Appellant seeks review of an order adjudicating him a delinquent child based upon findings that he had violated section 790.22(3), Florida Statutes (Supp.1994) (unlawful possession of a firearm by a minor); section 790.01(2), Florida Statutes (1993) (carrying a concealed firearm); and section 790.23(l)(a), Florida Statutes (Supp.1994) (possession of a firearm by one previously found to have committed a delinquent act that would be a felony if committed by an adult). He argues that, because all of the violations of law arose out of a single episode, an adjudication of delinquency based upon all three cannot stand. According to appellant, two of the three violations must be deleted.
We agree. See State v. Stearns, 645 So. 2d 417, 418 (Fla.1994) (interpreting State v. Brown, 633 So. 2d 1059 (Fla.1994) as standing for proposition that “a defendant could not be convicted and sentenced for two crimes involving a firearm that arose out of the same criminal episode”).
Accordingly, while we affirm the order of adjudication and disposition based upon the finding that appellant violated section 790.23(l)(a) (possession of a firearm by one previously found to have committed a delinquent act that would be a felony if committed by an adult), we remand with directions that the trial court enter an amended order of adjudication and disposition that makes no reference to a violation of either section 790.22(3) (unlawful possession of a firearm by a minor) or section 790.01(2) (carrying a concealed firearm).
AFFIRMED and REMANDED, with directions.
WEBSTER, MICKLE and VAN NORTWICK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Brown, 633 So. 2d 1059 (Fla. 1994)
- City OF Sarasota v. Mikos, 645 So. 2d 417 (Fla. 1994)
- State v. Stearns, 645 So. 2d 417 (Fla. 1994)