Canion v. State, 94-3044
| Decision Date | 18 October 1995 |
| Docket Number | No. 94-3044,94-3044 |
| Citation | 661 So.2d 931 |
| Parties | 20 Fla. L. Weekly D2336 Michael CANION, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Richard L. Jorandby, Public Defender, and Ian Seldin, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Georgina Jimenez-Orosa, Assistant Attorney General, West Palm Beach, for appellee.
The state initially charged appellant with three counts of aggravated assault of a law enforcement officer. The incident originating these charges involved the single act of appellant raising a martial arts trident in a threatening manner while in the presence of three police officers. Appellant proceeded to trial under these charges, and the jury found appellant guilty of two counts of the lesser included offense of improper exhibition of a dangerous weapon pursuant to section 790.10, Florida Statutes (1993). The trial court withheld adjudication and imposed a probationary term of one year upon appellant.
Appellant correctly asserts that it is improper to receive two convictions for a single act of improperly exhibiting a dangerous weapon. Vance v. State, 472 So.2d 734 (Fla.1985) ( approving Solomon v. State, 442 So.2d 1030 (Fla. 1st DCA 1983)). Although the trial court withheld adjudication on both counts, appellant suffers prejudice in that an adjudication withheld constitutes a conviction under Florida Rule of Criminal Procedure 3.701(d)(2). See Ryals v. State, 516 So.2d 1092 (Fla. 5th DCA 1987). In this instance, the adjudications withheld on the guilty verdicts may therefore later be used to increase the sentencing guideline score of appellant should future offenses occur.
Accordingly, we reverse as to one count of improper exhibition of a dangerous weapon and remand with direction for the trial court to remove from appellant's probation order any reference to a second count for which adjudication has been withheld.
REVERSED and REMANDED.
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Mauldin v. State
...We further find that Vance v. State, 472 So.2d 734 (Fla.1985), Green v. State, 706 So.2d 884 (Fla. 4th DCA 1998), and Canion v. State, 661 So.2d 931 (Fla. 4th DCA 1995), relied upon by Mauldin, are distinguishable. In these cases, the courts held that multiple convictions for improper firea......
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Bass v. State, 98-3029.
...in one criminal episode, although in front of several people. See Green v. State, 706 So.2d 884 (Fla. 4th DCA 1998); Canion v. State, 661 So.2d 931 (Fla. 4th DCA 1995). Accordingly two of the convictions for improper exhibition of a firearm must be vacated on We therefore affirm the judgmen......
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Green v. State, 95-3916
...guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (Emphasis added). In Canion v. State, 661 So.2d 931 (Fla. 4th DCA 1995), the defendant was charged with three counts of aggravated assault of a law enforcement officer after he raised a martial ......
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Sanders v. State
...distinguishable from Vance v. State, 472 So.2d 734 (Fla.1985), Green v. State, 706 So.2d 884 (Fla. 4th DCA 1998), and Canion v. State, 661 So.2d 931 (Fla. 4th DCA 1995), relied on by Sanders. In each of those instances, the defendants engaged a group of persons in one incident at one time a......