Christopher McQuay v. State of Florida

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

No. 1D2024-3125 _____________________________

CHRISTOPHER MCQUAY,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Levy County. William Davis, Judge.

December 3, 2025

PER CURIAM.

Christopher McQuay appeals his dual convictions for possession of a firearm and ammunition by a convicted felon as a violation of double jeopardy. Taking account of the State’s concession of error and the text of § 790.23(1), Florida Statutes (2022), we agree with McQuay’s argument. See State v. Whaley, 70 So. 3d 654, 655 (Fla. 1st DCA 2011) (reversing and remanding with instructions that the State was limited to a single count of possession of either a firearm or ammunition by a convicted felon); see also Bell v. State, 122 So. 3d 958, 961 (Fla. 2d DCA 2013) (holding that defendant’s dual convictions for felon in possession of ammunition and felon in possession of firearm violated double jeopardy); Francis v. State, 41 So. 3d 975, 977 (Fla. 5th DCA 2010)

(same). Boyd v. State, 17 So. 3d 812, 818 (Fla. 4th DCA 2009) (same).

We therefore REVERSE and REMAND with instructions to vacate one of the § 790.23(1) convictions and resentence accordingly.

OSTERHAUS, C.J., and LEWIS and TREADWELL, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Jessica Yeary, Public Defender, and Tyler Kemper Payne, Assistant Public Defender, Tallahassee, for Appellant.

James Uthmeier, Attorney General, and Ryan Roy, Assistant Attorney General, Tallahassee, for Appellee.