Dimitric Tyrese Ellis v. State of Florida

Summary

The Fifth District Court of Appeal held that Dimitric Tyrese Ellis’s convictions for possession of a firearm and possession of ammunition by a convicted felon under section 790.23(1), Florida Statutes, violated double jeopardy because the possessions were simultaneous and not clearly separate in time and space. The court affirmed the denial of Ellis’s motions for judgment of acquittal, vacated the ammunition conviction as the lesser offense, and remanded.

Holdings

1. The denial of Ellis's motions for judgment of acquittal was affirmed without further comment.
2. Separate convictions for possession of a firearm and possession of ammunition under section 790.23(1), Florida Statutes (2023), violate double jeopardy when the felon simultaneously possesses the firearm and ammunition, or when the items are not clearly separate in both time and space.
3. The conviction for possession of ammunition, Count 2, must be vacated as the lesser offense, while the conviction for possession of a firearm, Count 1, remains affirmed.

Questions Presented

1. Whether the trial court erred in denying Ellis's motions for judgment of acquittal.
2. Whether separate convictions for possession of a firearm and possession of ammunition by a convicted felon under section 790.23(1), Florida Statutes (2023), violated double jeopardy when the firearm and ammunition were possessed simultaneously or were not clearly separate in time and space.
3. If the dual convictions violated double jeopardy, which conviction should be vacated.

Disposition

other