Reseña de Charles M. Plowman v. State Florida

Charles M. Plowman v. State Florida de Second District Court of Appeal of Florida Resumen del Libro

Charles M. Plowman appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of
Criminal Procedure 3.800. We affirm this case without prejudice to Plowman to seek relief pursuant to Florida Rule of Criminal
Procedure 3.850. In his motion, Plowman alleges that his convictions and sentences for three counts of possession of firearms by a convicted
felon, in violation of section 790.23, Florida Statutes (1987), run afoul of the prohibition against double jeopardy because
all three counts stemmed from the same act. In support of his claim, Plowman relies on Watts v. State, 462 So.2d 813 (Fla.
1985), in which the supreme court held that a defendant could not be subjected to multiple convictions and punishments for
possession of two prison-made knives where the statute under which he was prosecuted made it unlawful "to introduce into or
upon the grounds of any state correctional institution . . . any firearm or weapon of any kind . . . ." § 944.47, Fla. Stat.
(1981). The court, relying on decisions from the federal courts, reasoned "that the term 'any firearm' is ambiguous with respect
to the unit of prosecution and must be treated as a single offense with multiple convictions and punishments being precluded."
462 So.2d at 814. Plowman contends that because section 790.23(1) makes it unlawful for a convicted felon
to possess "any firearm or electric weapon or device or to carry a concealed weapon, including all tear gas guns and chemical
weapons or devices," he cannot be convicted and sentenced for three counts of a violation of the statute arising out of the
same act for simultaneously possessing three illegal weapons.

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