JAKE T. OWENS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A defendant cannot be convicted of multiple counts of possession of a firearm by a convicted felon for firearms found simultaneously in their home, as this violates double jeopardy.
Police discovered fifteen firearms at the defendant's residence while executing a search warrant. The defendant had four prior felony convictions and …
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PER CURIAM.
Jake T. Owens appeals his judgment and sentence for fifteen counts of possession of a firearm by a convicted felon in violation of section 790.23, Florida Statutes (1991). We agree with Owens that he can be charged with only one count of possession of a firearm by a convicted felon. We conclude that there is no merit in the remaining issues that Owens raises in this appeal.
The police, while serving a valid search warrant, discovered fifteen firearms at Owens’s residence. Owens had four prior felony convictions. The state charged Owens 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 violation.
We reverse Owens’s convictions for possession of fourteen firearms. Further, we reverse all fifteen sentences imposed in this case and remand for resentencing for one count of possession of a firearm by a convicted felon.
CAMPBELL, A.C.J., and PARKER and WHATLEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hill v. State, 711 So. 2d 1221 (Fla. 1st DCA 1998)…. 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. 2d 1194 (Fla. 2d DCA 1996) (convictions on 15 counts of possession of a firearm by a convicted felon based upon 15 firearms discovered in defendant’s home during a single search violate the prohibition against double jeopardy). It is also noteworthy that Un…
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Francis v. State, 41 So. 3d 975 (Fla. 5th DCA 2010)…e of the term “any” in section 790.23 precludes multiple 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 co…
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Davis v. State, 96 So. 3d 1116 (Fla. 1st DCA 2012)…. State, 711 So. 2d 1221, 1224-25 (Fla. 1st DCA 1998) (holding that “the prohibition against double jeopardy precludes more than one conviction for the possession at the same time of multiple firearms by a convicted felon”); see also Owens v. State, 681 So. 2d 1194, 1194 (Fla. 2d DCA 1996) (reversing fifteen charges of possessing a firearm by a convicted felon as violating double jeopardy); Plowman v. State, 622 So. 2d 91, 92 (Fla. 2d DCA 1993) (reversing three counts of possession of a firearm by a convicted…1 / 2
Authorities Cited
- Plowman v. State, 622 So. 2d 91 (Fla. 2d DCA 1993)