ROBERT HUDSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
In this Anders1 appeal, Robert Hudson challenges his conviction and sentence for 280 counts of possession of child pornography (counts 1-280), and 48 counts of possession of child pornography with intent to promote (counts 281-328). We affirm, without discussion, the convictions and sentences on counts 1 through 280; however because Hudson was convicted of more than one count of possession with intent to promote, we reverse. See Wade v. State, 751 So. 2d 669, 671 (Fla. 2d DCA 2000) (holding a defendant found in possession of three or more copies of the same article of child pornography during a single episode may only be prosecuted for a single count of possession with intent to promote). On remand counts 282 through 328 should be stricken from the judgment, and Hudson should be resentenced for one count of possession of child pornography with intent to promote.
Affirmed in part, reversed in part, and remanded with directions.
CAMPBELL, A.C.J., THREADGILL and STRINGER, JJ., Concur. . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
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Chesser v. State, 148 So. 3d 497 (Fla. 2d DCA 2014)…photograph of a child and therefore permitted separate prosecutions for each photograph discovered in a single search with the language in section 827.071(4) making it unlawful to possess any such photograph with intent to promote); Hudson v. State, 761 So. 2d 1161 (Fla. 2d DCA 2000) (relying on Wade and reversing forty-eight convictions for possession of child pornography with intent to promote and remanding for resentencing for one conviction). The testimony at the evidentiary hearing on Chesser’s rule 3.85…
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Cocking v. State, 154 So. 3d 1198 (Fla. 2d DCA 2015)…postconviction court granted Chesser an evidentiary hearing, after which it found that counsel was not ineffective for failing to move to dismiss eight of the nine counts. This court reversed on the authority of Wade, Parrella, and Hudson v. State, 761 So. 2d 1161, 1161 (Fla. 2d DCA 2000) (reversing and remanding with directions to strike forty-seven out of forty-eight counts of possession of child pornography with intent to promote), and held that because all of the images were found during one search, there…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Wade v. State, 751 So. 2d 669 (Fla. 2d DCA 2000)