Legal Opinion

Mathis v. State

District Court of Appeal of Florida

Decided January 6, 2011No. 1D08-2593Published

1Opinion of the CourtMarstiller, J.

Keith Mathis appeals his convictions and sentences for possession of a firearm by a violent career criminal (Count I) and possession of a firearm by a convicted felon (Count II). We affirm the conviction and sentence on Count I. But we agree with Mathis that double jeopardy bars his conviction and sentence for possession of a firearm by a convicted felon. Like the defendant in Pryor v. State, 48 So.3d 159 (Fla. 1st DCA 2010), Mathis cannot be punished for both firearm possession by a violent career criminal and firearm possession by a convicted felon. Section 775.021(4)(b)3., Florida Statutes…

2Cases cited4 opinions

  1. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  2. Pryor v. StateDistrict Court of Appeal of Florida · 2010
  3. Cox v. StateDistrict Court of Appeal of Florida · 2008
  4. Williams v. StateDistrict Court of Appeal of Florida · 2001

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