Plowman v. State

District Court of Appeal of Florida

Plowman v. State

622 So. 2d 91, 1993 Fla. App. LEXIS 7660, 1993 WL 273715

CourtDistrict Court of Appeal of Florida

DecidedJuly 23, 1993

DocketNo. 92-01474

StatusPublished

Cited by5 cases

This text of 622 So. 2d 91 (Plowman 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.

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Plowman v. State, 622 So. 2d 91, 1993 Fla. App. LEXIS 7660, 1993 WL 273715 (Fla. Ct. App. 1993).

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Opinion

PER CURIAM.

Appellant, convicted of three counts of possession of a firearm by a convicted felon in violation of section 790.23, Florida Statutes (1987), for three separate weapons discovered at the same time in his home pursuant to a valid search warrant, argues that the three separate convictions constitute a double jeopardy violation. We agree that it was improper to find appellant guilty on all three counts. State v. Watts, 462 So.2d 813 (Fla.1985); Grappin v. State, 450 So.2d 480 (Fla.1984). We reverse appellant’s convictions for possession of the two stun guns. Inasmuch as the sentences imposed were departure sentences, and we cannot determine whether the trial judge would again depart, we reverse all three sentences imposed and remand for resen-tencing utilizing a corrected scoresheet.

FRANK, C.J., and RYDER and CAMPBELL, JJ., concur.

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PER CURIAM.

Appellant, convicted of three counts of possession of a firearm by a convicted felon in violation of section 790.23, Florida Statutes (1987), for three separate weapons discovered at the same time in his home pursuant to a valid search warrant, argues that the three separate convictions constitute a double jeopardy violation. We agree that it was improper to find appellant guilty on all three counts. State v. Watts, 462 So.2d 813 (Fla.1985); Grappin v. State, 450 So.2d 480 (Fla.1984). We reverse appellant’s convictions for possession of the two stun guns. Inasmuch as the sentences imposed were departure sentences, and we cannot determine whether the trial judge would again depart, we reverse all three sentences imposed and remand for resen-tencing utilizing a corrected scoresheet.

FRANK, C.J., and RYDER and CAMPBELL, JJ., concur.

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622 So. 2d 91, 1993 Fla. App. LEXIS 7660, 1993 WL 273715, Counsel Stack Legal Research, https://law.counselstack.com/opinion/plowman-v-state-fladistctapp-1993.

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