Russo v. State

ON MOTION FOR REHEARING EN BANC

KLEIN, J.

The state has moved for en banc rehearing, arguing that this opinion conflicts with another recent opinion of this court, Sanders v. State, 795 So.2d 223 (Fla. 4th DCA 2001). In Sanders this court held that where a defendant pointed a gun at his ex-wife and another person and, during a physical altercation with his ex-wife moments later, pointed the gun at her, two convictions for improper exhibition of a weapon were not barred by double jeopardy.

In Sanders we described the facts as follows:

The record reflects that Sanders approached one of the victims,…