09-5007 JONATHAN A. STOWE, v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 09-5007

Case Date: 07/12/2011

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JONATHAN A. STOWE, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed July 12, 2011. An appeal from the Circuit Court for Leon County. Angela C. Dempsey, Judge. Michael Ufferman of the Michael Ufferman Law Firm, P.A., Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Joshua R. Heller, Assistant Attorney General, Tallahassee, for Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D09-5007

PER CURIAM. Jonathan A. Stowe contends multiple convictions and sentences for possession of child pornography based on his possession of a single proscribed item violate constitutional prohibitions against double jeopardy. We accept this contention, reverse the convictions and sentences that constitute double jeopardy,

and remand for resentencing on the remaining convictions. But we reject--on the authority of Rogers v. State, 33 So. 3d 805, 806 (Fla. 1st DCA 2010)--appellant's argument that the trial court did not have jurisdiction, pursuant to section 943.0435, Florida Statutes (2006), to designate him a sexual offender. Mr. Stowe was charged with eighteen counts of possession of child pornography, in violation of section 827.071(5), Florida Statutes (2006), which provides: It is unlawful for any person to knowingly possess a photograph, motion picture, exhibition, show, representation, or other presentation which, in whole or in part, he or she knows to include any sexual conduct by a child. The possession of each such photograph, motion picture, exhibition, show, representation, or presentation is a separate offense. He entered an open plea of no contest on all eighteen counts, and was convicted on all eighteen counts. 1 At issue here are his convictions on counts four through ten and count fifteen. "Both the Florida Constitution, Art. I,

Download 09-5007 JONATHAN A. STOWE, v. STATE OF FLORIDA.pdf