CARL W. DAVIS, v. STATE OF FLORIDA
Annotate this Case
Download PDF
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA CARL W. DAVIS, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D11-1979 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed September 7, 2012. An appeal from the Circuit Court for Duval County. Adrian G. Soud, Judge. Nancy A. Daniels, Public Defender, and Carl S. McGinnes, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Therese A. Savona, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. Appellant was convicted for four counts of possession of a firearm by a convicted felon. All counts arose out of a single event during which Appellant possessed four different firearms. Appellant argues, and the State concedes, that the convictions violate double jeopardy principles. See Hill v. State, 711 So. 2d 1221, 1224-25 (Fla. 1st DCA 1998) (holding that the prohibition against double jeopardy precludes more than one conviction for the possession at the same time of multiple firearms by a convicted felon ); see also Owens v. State, 681 So. 2d 1194, 1194 (Fla. 2d DCA 1996) (reversing fifteen charges of possessing a firearm by a convicted felon as violating double jeopardy); Plowman v. State, 622 So. 2d 91, 92 (Fla. 2d DCA 1993) (reversing three counts of possession of a firearm by a convicted felon as violating double jeopardy). Accordingly, we vacate Appellant s convictions and sentences for three counts of possession of a firearm by a convicted felon, vacate the sentence for the one remaining count, and remand for resentencing on that count. See Owens, 681 So. 2d 1194. THOMAS, WETHERELL, and MARSTILLER, JJ., CONCUR. 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
