Kanagie v. State

District Court of Appeal of Florida

Kanagie v. State

174 So. 3d 1104, 2015 Fla. App. LEXIS 13898, 2015 WL 5456750

District Court of Appeal of Florida·Decided September 18, 2015·No. No. 5D14-940·Published

Opinion

PER CURIAM.

Richard R. Kanagie appeals his judgment and sentence for two counts of improper exhibition of a weapon and one [1105] count of resisting arrest without violence. As the State properly concedes, double jeopardy precludes two convictions for a single act of improper exhibition. See Vance v. State, 472 So.2d 734 (Fla.1985); Solomon v. State, 442 So.2d 1030 (Fla. 1st DCA 1983). As such, we remand with directions that the trial court vacate one of these convictions. As no other issue merits relief or discussion, we affirm in all other respects.

AFFIRMED IN PART, REVERSED IN PART AND REMANDED WITH DIRECTIONS

LAWSON, C.J., EVANDER and BERGER, JJ., concur.

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PER CURIAM.

Richard R. Kanagie appeals his judgment and sentence for two counts of improper exhibition of a weapon and one [1105] count of resisting arrest without violence. As the State properly concedes, double jeopardy precludes two convictions for a single act of improper exhibition. See Vance v. State, 472 So.2d 734 (Fla.1985); Solomon v. State, 442 So.2d 1030 (Fla. 1st DCA 1983). As such, we remand with directions that the trial court vacate one of these convictions. As no other issue merits relief or discussion, we affirm in all other respects.

AFFIRMED IN PART, REVERSED IN PART AND REMANDED WITH DIRECTIONS

LAWSON, C.J., EVANDER and BERGER, JJ., concur.

Kanagie v. State, 174 So. 3d 1104, 2015 Fla. App. LEXIS 13898, 2015 WL 5456750 (Fla. Ct. App. 2015).

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Opinion

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