Richard R. Kanagie v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED RICHARD R. KANAGIE, Appellant, v. Case No. 5D14-940 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed September 18, 2015 Appeal from the Circuit Court for Brevard County, Charles J. Roberts, Judge. James S. Purdy, Public Defender, and Robert E. Wildridge, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Richard R. Kanagie appeals his judgment and sentence for two counts of improper exhibition of a weapon and one count of resisting arrest without violence. As the State properly concedes, double jeopardy precludes two convictions for a single act of improper exhibition. See Vance v. State, 472 So. 2d 734 (Fla. 1985); Solomon v. State, 442 So. 2d 1030 (Fla. 1st DCA 1983). As such, we remand with directions that the trial court vacate one of these convictions. As no other issue merits relief or discussion, we affirm in all other respects. AFFIRMED IN PART, REVERSED IN PART AND REMANDED WITH DIRECTIONS LAWSON, C.J., EVANDER and BERGER, JJ., concur. 2

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