Christopher McQuay v. State of Florida

FIRST D ISTRICT COURT OF APPEAL
S TATE OF FLORIDA
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No. 1D2024-3125
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C HRISTOPHER M C QUAY ,
Appellant,
v.
STATE OF FLORIDA ,
Appellee.
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On appeal from the Circuit Court for Levy County.
William Davis, Judge.
December 3, 2025
P ER C URIAM.
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)

2
(same). Boyd v. State, 17 So. 3d 812, 818 (Fla. 4th DCA 2009)
(same).
We 	therefore 	R EVERSE and 	REMAND 	with 	instructions 	to
vacate 	one 	of 	the 	§ 	790.23(1) 	convictions 	and 	resentence
accordingly.
O STERHAUS, C.J., and LEWIS and TREADWELL , JJ., concur.
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Not 	final 	until 	disposition 	of 	any 	timely 	and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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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.