Greenlee v. State

District Court of Appeal of Florida

Greenlee v. State

162 So. 3d 333, 2015 Fla. App. LEXIS 4196, 2015 WL 1334325

CourtDistrict Court of Appeal of Florida

DecidedMarch 25, 2015

DocketNo. 1D13-4634

StatusPublished

This text of 162 So. 3d 333 (Greenlee v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Greenlee v. State, 162 So. 3d 333, 2015 Fla. App. LEXIS 4196, 2015 WL 1334325 (Fla. Ct. App. 2015).

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Opinion

PER CURIAM.

Appellant Bryan Greenlee was convicted of four counts of possession of “any firearm” by a convicted felon under section 790.23(1), Florida Statutes. Each count was based on firearms possessed during the same event. As the State concedes, three of the convictions violate double jeopardy principles. Hill v. State, 711 So.2d 1221, 1224-25 (Fla. 1st DCA 1998) (“[T]he prohibition against double jeopardy precludes more than one conviction for the 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.

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PER CURIAM.

Appellant Bryan Greenlee was convicted of four counts of possession of “any firearm” by a convicted felon under section 790.23(1), Florida Statutes. Each count was based on firearms possessed during the same event. As the State concedes, three of the convictions violate double jeopardy principles. Hill v. State, 711 So.2d 1221, 1224-25 (Fla. 1st DCA 1998) (“[T]he prohibition against double jeopardy precludes more than one conviction for the 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.

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162 So. 3d 333, 2015 Fla. App. LEXIS 4196, 2015 WL 1334325, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greenlee-v-state-fladistctapp-2015.

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