CARL W. DAVIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant was convicted for four counts of possession of a firearm by a convicted felon. All counts arose out of a single event during which Appellant possessed four different firearms. Appellant argues, and the State concedes, that the convictions violate double jeopardy principles. See Hill v. 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 felon as violating double jeopardy).
Accordingly, we vacate Appellant’s convictions and sentences for three counts of possession of a firearm by a convicted felon, vacate the sentence for the one remaining count, and remand for resentenc-ing on that count. See Owens, 681 So.2d 1194.
THOMAS, WETHERELL, and MARSTILLER, JJ., concur.
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Wade v. State, 125 So. 3d 1002 (Fla. 2d DCA 2013)…the postconviction court’s previous order denying this claim should not bar relief “because ‘the award of jail credit is clearly incorrect as a matter of law and a failure to correct that error would result in manifest injustice.’ ” Zamora v.State, 96 So. 3d 1116, 1116 (Fla. 2d DCA 2012) (quoting Bronk v. State, 25 So. 3d 701, 703 (Fla. 2d DCA 2010)). Therefore, we reverse and remand for the postconviction court to grant Wade’s motion and award him the 281 days of presentence jail credit in case number 08-18…
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Greenlee v. State, 162 So. 3d 333 (Fla. 1st DCA 2015)…possession at the same time of multiple firearms by a convicted felon.”). Accordingly, we vacate the convictions and sentences for three counts, vacate the sentence on the remaining count, and remand for resentencing on that count. Davis v. State, 96 So. 3d 1116, 1117 (Fla. 1st DCA 2012). We affirm the remaining issues without comment. VACATED and REMANDED for re-sentencing. ROBERTS, RAY, and MAKAR, JJ., concur.…
Authorities Cited
- Hill v. State, 711 So. 2d 1221 (Fla. 1st DCA 1998)
- Plowman v. State, 622 So. 2d 91 (Fla. 2d DCA 1993)
- Owens v. State, 681 So. 2d 1194 (Fla. 2d DCA 1996)
- Anthony v. Anthony, 681 So. 2d 1194 (Fla. 2d DCA 1996)