Legal Opinion

Strain v. State

District Court of Appeal of Florida

Decided December 21, 2011No. 4D10-771PublishedCited by 5 opinions

1Opinion of the CourtGerber, J.

The defendant argues that the trial court erred in convicting him for both possession of a firearm by a convicted felon and possession of ammunition by a convicted felon. He relies on our opinion in Boyd v. State, 17 So.3d 812 (Fla. 4th DCA 2009). In Boyd, we held that the double jeopardy clause precludes convicting a felon for both possession of a firearm and possession of ammunition when the possessions occur at the same time. Id. at 818 (interpreting section 790.23, Florida Statutes (2005)). The state, on the other hand, relying on Nicholson v. State, 757 So.2d 1227 (Fla. 4th DCA 2000),…

2Cases cited2 opinions

  1. Nicholson v. StateDistrict Court of Appeal of Florida · 2000
  2. Olivard v. StateDistrict Court of Appeal of Florida · 2002

3Cited by5 opinions

  1. Bell v. StateDistrict Court of Appeal of Florida · 2013
  2. Perri v. StateDistrict Court of Appeal of Florida · 2015
  3. Brown v. StateDistrict Court of Appeal of Florida · 2017
  4. Dimitric Tyrese Ellis v. State of FloridaDistrict Court of Appeal of Florida · 2025
  5. Foley v. StateDistrict Court of Appeal of Florida · 2015

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