Kanagie v. State

District Court of Appeal of Florida

Kanagie v. State

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

CourtDistrict Court of Appeal of Florida

DecidedSeptember 18, 2015

DocketNo. 5D14-940

StatusPublished

This text of 174 So. 3d 1104 (Kanagie 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

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

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Opinion

PER CURIAM.

Richard R. Kanagie appeals his judgment and sentence for two counts of improper exhibition of a weapon and one [1105]*1105count 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]*1105count 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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Bluebook (online)

174 So. 3d 1104, 2015 Fla. App. LEXIS 13898, 2015 WL 5456750, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kanagie-v-state-fladistctapp-2015.

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