Legal Opinion

Brown v. State

District Court of Appeal of Florida

Decided May 31, 2017No. 4D16-3433PublishedCited by 2 opinions

1Per curiam

Appellant, Arrington Brown, appeals the trial court’s order summarily denying his timely rule 3.850 motion for postconvietion relief. He claims that his convictions for possession of a firearm by a convicted felon and possession of ammunition by a convicted felon pursuant to section 790.23, Florida Statutes (2004), violate the prohibition against double jeopardy. We agree.

This court has held that double jeopardy prohibits convictions for both possession of a firearm by a convicted felon and possession of ammunition by a convicted felon where the firearm and ammunition were possessed at the…

2Cases cited4 opinions

  1. Novaton v. StateSupreme Court of Florida · 1994
  2. Labovick v. StateDistrict Court of Appeal of Florida · 2007
  3. Strain v. StateDistrict Court of Appeal of Florida · 2011
  4. Gonzalez v. StateDistrict Court of Appeal of Florida · 2013

3Cited by2 opinions

  1. Howard Allen Groffel v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2019
  2. Poma v. StateDistrict Court of Appeal of Florida · 2018

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