M.P., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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M.P., a juvenile, was adjudicated delinquent for carrying a concealed weapon and possession of a firearm by a minor arising from the same incident. The court affirmed the dual adjudications, holding they do not violate double jeopardy protections because the legislature intended separate punishments and each offense requires proof of a distinct element.
The dual adjudications do not violate M.P.'s double jeopardy rights. The Florida legislature specifically intended to authorize separate punishments for firearm-related offenses by providing that the possession of a firearm by a minor statute is supplemental to other firearm provisions. Additionally, each offense requires proof of a distinct element—concealment versus age—making them separate offenses for double jeopardy purposes.
[1] Dual adjudications for offenses arising from the same criminal transaction do not violate the constitutional right against double jeopardy if the legislature intended to…
[2] The Florida legislature intended to authorize separate punishments for carrying a concealed weapon and for possession of a firearm by a minor, as evidenced by statutory l…
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Join FLexlaw to unlock all legal intelligence“In determining the constitutionality of dual punishments for two offenses arising from the same criminal transaction, the dispositive question is whether the legislature "intended to authorize separate punishments for the two crimes."”
Establishes the legal standard for analyzing double jeopardy challenges to dual punishments
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Join FLexlaw to unlock all legal intelligenceM.P. was charged with carrying a concealed weapon in violation of section 790.01, Florida Statutes, and possession of a firearm by a minor in violatio…
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JORGENSON, Judge.
M.P. appeals from an adjudication of delinquency. We affirm.
M.P. was adjudicated delinquent for carrying a concealed weapon in violation of section 790.01, Florida Statutes (1993), and possession of a firearm by a minor in violation of section 790.22(3), Florida Statutes (Supp. 1994). Both charges related to the same weapon and arose from the same incident.
We hold that the dual adjudications do not violate M.P.’s constitutional right not to be placed in double jeopardy. In determining the constitutionality of dual punishments for two offenses arising from the same criminal transaction, the dispositive question is whether the legislature “intended to authorize separate punishments for the two crimes.” Albernaz v. United States, 450 U.S. 333, 344, 101 S.Ct. 1137, 1145, 67 L.Ed.2d 275 (1981); see also Jeffers v. United States, 432 U.S. 137, 97 S.Ct. 2207, 53 L.Ed.2d 168 (1977) (critical inquiry in double jeopardy analysis is whether Congress intended to punish each statutory violation separately); State v. Smith, 547 So. 2d 613 (Fla.1989) (same).
When the Florida legislature enacted section 790.22(3), it specifically articulated its intent to punish possession of a firearm by a minor in addition to other firearm-related offenses by providing that “[t]he provisions of this section are supplemental to all other provisions of law relating to the possession, use, or exhibition of a firearm.” § 790.22(7), Fla.Stat. (Supp.1994) (emphasis added).
On that basis alone, the dual adjudications pass constitutional muster.
Furthermore, each offense requires proof of an element that the other does not; they are thus considered separate offenses for the purpose of a double jeopardy analysis. See Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932); see also, Gaber v. State, 662 So. 2d 422 (Fla. 3d DCA 1995); State v. Smith, 547 So. 2d at 616. Although the two offenses share the common element of possession of a firearm, each statute addresses separate societal evils; each contains a unique prohibition.
Section 790.01 prohibits concealment of a weapon; section 790.22(3) prohibits possession of a firearm by a minor. We recognize that our holding directly conflicts with that of the Fifth District in M.P.C. v. State, 659 So. 2d 1293 (Fla. 5th DCA 1995) and that of the First District in A.J.H. v. State, 652 So. 2d 1279 (Fla. 1st DCA 1995).
Accordingly, we certify conflict with those decisions.
Finding no merit in the remaining points on appeal, we affirm.
Affirmed; conflict certified.
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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…
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State v. Maxwell, 682 So. 2d 83 (Fla. 1996)…HARDING, Justice. We have for review Maxwell v. State, 666 So. 2d 951 (Fla.1st DCA 1996), which expressly and directly conflicts with the opinion in M.P. v. State, 662 So. 2d 1359 (Fla.3d DCA 1995). We have jurisdiction pursuant to arti- [*84] ele Y, section 3(b)(3) of the Florida Constitution. Daniel K. Maxwell was convicted of and sentenced for carrying a concealed firearm, possession of a short-barreled shotgun, and posse…
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K.W. v. State, 665 So. 2d 383 (Fla. 3d DCA 1996)…rest without violence. We affirm. Contrary to K.W.’s contention, the dual adjudications for carrying a concealed weapon and illegal possession of a firearm do not violate K.W.’s constitutional protection against double jeopardy. See M.P. v. State, 662 So. 2d 1359 (Fla. 3d DCA 1995). Finding no merit in the other issues raised, the adjudication of delinquency is affirmed in all respects. We certify to the Florida Supreme Court the same conflict certified in M.P. v. State. See M.P. v. State, 662 So. 2d at 1359…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Blockburger v. United States, 284 U.S. 299 (U.S. 1932)
- Albernaz v. United States, 450 U.S. 333 (U.S. 1981)
- Jeffers v. United States, 432 U.S. 137 (U.S. 1977)
- State v. Smith, 547 So. 2d 613 (Fla. 1989)
- Pedersen v. State, 652 So. 2d 1279 (Fla. 5th DCA 1995)
- M.P.C. v. State, 659 So. 2d 1293 (Fla. 5th DCA 1995)
- Gaber v. State, 662 So. 2d 422 (Fla. 3d DCA 1995)