Francis v. State

After a traffic stop, Dennis Junior Francis, a convicted felon, was found in possession of a loaded 9mm. handgun. He was convicted of two counts of violating section 790.23, Florida Statutes (2008) — one for possession of a firearm and the other for possession of the ammunition located therein. Francis contends that the dual convictions violate double jeopardy. We agree.

On May 28, 2008, a deputy stopped Francis’ vehicle for a purported traffic violation. Francis attempted to flee on foot and, during the pursuit, tossed aside a 9mm. handgun loaded with one bullet in the chamber and seven…