context: In ground three of his January 21, 2014 motion, appellant alleged that defense counsel was ineffective for failing to move for dismissal of the charges for felon in possession of a firearm and felon in possession of ammunition after his conviction for armed burglary, on double jeopardy grounds: He contended he could not be convicted of possessing the same firearm or ammunition that served as the basis for his armed burglary conviction. In his initial brief, however, appellant contends that his dual convictions for felon in possession of a firearm and felon in possession of ammunition violate double jeopardy proscriptions, and that one of these convictions should be vacated, without regard to the armed burglary conviction.
citation_a.signal: see also
citation_a.identifier: 77 So.3d 796, 797
citation_a.parenthetical: same and remanding for the trial court to vacate the conviction for felon in possession of ammunition because the conviction for felon in possession of a firearm carried a three-year minimum mandatory sentence
citation_a.sentence: See Bell v. State, 122 So.3d 958, 961 (Fla. 2d DCA 2013) (holding that double jeopardy precludes dual convictions for felon in possession of a firearm and felon in possession of [separate] ammunition because section 790.23(1), Florida Statutes prohibits possession of “ ‘any firearm, ammunition, or electric weapon or device’” (emphasis in original)); see also Strain v. State, 77 So.3d 796, 797 (Fla. 4th DCA 2011) (same and remanding for the trial court to vacate the conviction for felon in possession of ammunition because the conviction for felon in possession of a firearm carried a three-year minimum mandatory sentence).
citation_b.signal: see
citation_b.identifier: 122 So.3d 958, 961
citation_b.parenthetical: holding that double jeopardy precludes dual convictions for felon in possession of a firearm and felon in possession of [separate] ammunition because section 790.23(1
citation_b.sentence: See Bell v. State, 122 So.3d 958, 961 (Fla. 2d DCA 2013) (holding that double jeopardy precludes dual convictions for felon in possession of a firearm and felon in possession of [separate] ammunition because section 790.23(1), Florida Statutes prohibits possession of “ ‘any firearm, ammunition, or electric weapon or device’” (emphasis in original)); see also Strain v. State, 77 So.3d 796, 797 (Fla. 4th DCA 2011) (same and remanding for the trial court to vacate the conviction for felon in possession of ammunition because the conviction for felon in possession of a firearm carried a three-year minimum mandatory sentence).