M.P.C., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Juvenile's multiple adjudications for firearm offenses arising from a single episode violated double jeopardy; court affirmed one adjudication and remanded to strike the other two.
A juvenile cannot be adjudicated delinquent for multiple firearm offenses arising from a single criminal episode due to double jeopardy protections.
[1] A juvenile adjudicated delinquent for multiple offenses arising from a single criminal episode violates double jeopardy protections when the offenses are based on the sam…
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Join FLexlaw to unlock all legal intelligenceM.P.C., a juvenile, was adjudicated delinquent for possession of a firearm by a delinquent, carrying a concealed firearm, and possession of a firearm …
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THOMPSON, Judge.
M.P.C., a juvenile, appeals a final judgment and disposition. M.P.C. was adjudicated delinquent for possession of a firearm by a delinquent,1 carrying a concealed firearm,2 and possession of a firearm by a minor.3 All of the adjudications arose out of the same delinquent episode. After being adjudicated delinquent, M.P.C. was committed to the cus tody of the Department of Health and Rehabilitative Services. M.P.C. appeals his multiple adjudications, arguing that he cannot be adjudicated delinquent of the three crimes because of double jeopardy. See Sirmons v. State, 634 So. 2d 153 (Fla.1994); § 775.021(4)(b), Fla.Stat. (1993).
We conclude that In re A.J.H., 652 So. 2d 1279 (Fla. 1st DCA 1995) (citing State v. Stearns, 645 So. 2d 417 (Fla.1994)), is disposi-tive. In AJ.H., a juvenile was convicted of the same three offenses as M.P.C. The court ruled that “because all of the violations of law arose out of a single episode, an adjudication of delinquency based upon all three cannot stand.” A.J.H., 652 So. 2d at 1280. Accordingly, we affirm the order of adjudication and disposition for M.P.C.’s violation of section 790.23(1)(a), but remand with directions that the trial court strike the remaining two adjudications and dispositions.
AFFIRMED in part; REMANDED with directions.
W. SHARP and GRIFFIN, JJ., concur. . § 790.23(1)(a), Fla.Stat. (Supp.1994).
. § 790.01(2), Fla.Stat. (1993).
.§ 790.22(3), Fla.Stat. (Supp.1994).
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Citator
Cited By
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M.P. v. State, 682 So. 2d 79 (Fla. 1996)…HARDING, Justice. We have for review the decision in M.P. v. State, 662 So. 2d 1359 (Fla. 3d DCA 1995), in which the Third District Court of Appeal certified conflict with the opinions in M.P.C. v. State, 659 So. 2d 1293 (Fla. 5th DCA 1995), and A.J.H. v. State, 652 So. 2d 1279 (Fla. 1st DCA 1995). We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution. M.P. was adjudicated delinquent for carrying a concealed weapon in violation of…
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State v. Maxwell, 682 So. 2d 83 (Fla. 1996)…District Court of Appeal held that Maxwell could not be convicted of and sentenced for all three offenses because they arose from a single episode and involved the same act of possession. Maxwell, 666 So. 2d at 952. The court cited M.P.C. v. State, 659 So. 2d 1293 (Fla. 5th DCA 1995), and A.J.H. v. State, 652 So. 2d 1279 (Fla. 1st DCA 1995), where the district courts reached the same conclusion regarding dual adjudications of delinquency for carrying a concealed firearm and illegal possession of a firearm by…
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Maxwell v. State, 666 So. 2d 951 (Fla. 1st DCA 1996)…ntenced for, carrying a concealed firearm, possession of a short-barreled shotgun and possession of a firearm by a convicted felon because all three offenses arose out of a single episode and all involved the same act of possession. M.P.C. v. State, 659 So. 2d 1293 (Fla. 5th DCA 1995); A.J.H. v. State, 652 So. 2d 1279 (Fla. 1st DCA 1995). See State v. Steams, 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 convi…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Sirmons v. State, 634 So. 2d 153 (Fla. 1994)
- City OF Sarasota v. Mikos, 645 So. 2d 417 (Fla. 1994)
- State v. Stearns, 645 So. 2d 417 (Fla. 1994)
- Pedersen v. State, 652 So. 2d 1279 (Fla. 5th DCA 1995)