Kanagie v. State

Full title: Richard R. KANAGIE, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Fifth District.

Date published: Sep 18, 2015

174 So. 3d 1104 (Fla. Dist. Ct. App. 2015)

Opinion

No. 5D14–940.

09-18-2015

Richard R. KANAGIE, Appellant, v. STATE of Florida, Appellee.

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.

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.

Opinion

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.