Damon v. State

Stephen Damon challenges the trial court’s denial of his double jeopardy claim filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse.

In a concise motion and memorandum, Damon explained that he was convicted after a jury trial of second-degree murder, enhanced by the use of a firearm, and a firearm possession offense, both crimes carried out in the same criminal episode. Damon asserts that these convictions and resulting sentences are prohibited by State v. Brown, 633 So.2d 1059 (Fla.1994), and State v. Stearns, 645 So.2d 417 (Fla.1994). The trial court apparently rejected the…