FRANCIS v. STATE

No. 5D08-4463.

41 So.3d 975 (2010)

Dennis Junior FRANCIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

July 30, 2010.


Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Dee Ball, Assistant Public Defender, Daytona Beach, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee.


EVANDER, J.

After a traffic stop, Dennis Junior Francis, a convicted felon, was found in possession of a loaded 9mm. handgun. He was convicted of two counts of violating section 790.23, Florida Statutes (2008)—one for possession of a firearm and the other for possession of the ammunition located therein. Francis contends that the dual convictions violate double jeopardy. We agree.

On May 28, 2008, a deputy stopped Francis' vehicle for a purported traffic...

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