OSCAR PENA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Appellant's conviction and probationary sentence for possession with intent to sell methaqualone was reversed as a lesser included offense of the trafficking conviction, violating double jeopardy protections.
A defendant cannot be convicted and sentenced on both a lesser included offense and the greater offense of which it is a component, as this violates double jeopardy protections.
[1] A defendant may not be convicted and sentenced on both a lesser included offense and the greater offense encompassing it without violating double jeopardy protections.
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceAppellant was charged with possession of methaqualone with intent to sell, manufacture or deliver and trafficking in methaqualone. He was convicted by…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Multiple Convictions cases and more on FLexlaw
PER CURIAM.
The appellant was charged in count one with possession of methaqualone with intent to sell, manufacture or deliver in violation of section 893.13(l)(a), Florida Statutes (1981), and in count two with trafficking in methaqualone in violation of section 893.-135(l)(e), Florida Statutes (1981). He was convicted by a jury on both counts and sentenced to three years’ imprisonment on the trafficking count and placed on probation for three years on the possession count.
It is appellant’s contention that the trial court erred in imposing a separate conviction and probationary term on the count for possession of methaqualone with intent to sell, manufacture or deliver, since that charge is a lesser included offense of the offense of trafficking in methaqualone for which he was also convicted and sentenced.
We find merit in appellant’s contention and reverse his conviction and the probationary term imposed as to count one for possession of methaqualone with intent to sell, manufacture or deliver. To allow the conviction and probationary term to stand on the lesser included offense would not comport with the double jeopardy clauses of both the United States and Florida Constitutions. Bell v. State, 437 So. 2d 1057 (Fla.1983); Muwwakil v. State, 435 So. 2d 304 (Fla. 3d DCA 1983), pet. for rev. denied, 444 So. 2d 417 (Fla.1984).
The judgment and probationary term as to the possession count is reversed and the judgment and sentence as to the trafficking count is affirmed.
Affirmed in part and reversed in part.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Bell v. State, 437 So. 2d 1057 (Fla. 1983)
- Kunta Muwwakil v. State, 435 So. 2d 304 (Fla. 3d DCA 1983)