C.P., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that under double jeopardy principles, only one conviction can stand for possession of the same cannabis, and the conviction for possession with intent to sell is a felony.
C.P. was adjudicated delinquent for possessing cannabis and possessing it with intent to sell. The court determined the latter offense was a felony.…
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SCHWARTZ, Chief Judge.
C.P. was adjudicated delinquent based on separate findings of possessing, § 893.-13(l)(e), Fla.Stat. (1985), and possessing with intent to sell, § 893.13(l)(a), Fla.Stat. (1985), the same quantity of less than 20 grams of cannabis.
Under double jeopardy principles, both convictions cannot stand and the adjudication of the lesser offense of simple possession is therefore vacated. Murray v. State, 464 So. 2d 622 (Fla. 2d DCA 1985); Rodriguez v. State, 395 So. 2d 555 (Fla. 2d DCA 1981); see Muwwakil v. State, 435 So. 2d 304 (Fla. 3d DCA 1983), rev. denied, 444 So. 2d 417 (Fla.1984).
We agree with the trial court that the remaining .charge of possession with intent to sell is a third degree felony rather than a first degree misdemeanor. In reaching this conclusion, we follow State v. McGee, 494 So. 2d 255 (Fla. 2d DCA 1986) and State v. McDaniel, (Fla. 2d DCA Case no. 86-1355, opinion filed, February 25, 1987) [12 FLW 658], rather than the directly contrary decision of Franklin v. State, 346 So. 2d 137 (Fla. 1st DCA 1977), with which we acknowledge a direct conflict.
Affirmed in part, reversed in part.
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Melquiades Blanca v. State, 532 So. 2d 1327 (Fla. 3d DCA 1988)…on the charge of possession of cocaine. Separate convictions for the sale of cocaine and possession of that same cocaine violate the constitutional guarantee against double jeopardy. Gordon v. State, 528 So. 2d 910 (Fla. 2d DCA 1988); C.P. v. State, 505 So. 2d 616 (Fla.3d DCA), aff'd, 515 So. 2d 982 (Fla.1987). AFFIRMED IN PART; REVERSED IN PART.…
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Mandell C. McGEE v. State, 509 So. 2d 1102 (Fla. 1987)…ly, we disapprove the First District Court’s decision in Franklin and approve the Second District Court’s decision in the instant case. It is so ordered. McDonald, C.J., and EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur. * C.P. v. State, 505 So. 2d 616 (Fla. 3d DCA 1987); State v. McDaniel, 508 So. 2d 371 (Fla. 2d DCA 1987).…
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M.S. v. State, 513 So. 2d 231 (Fla. 3d DCA 1987)…appellant possessed cocaine and possessed cocaine with the intent to sell. Under double jeopardy principles, both adjudications cannot stand; the adjudication of delinquency for the lesser offense of simple possession must be vacated. C.P. v. State, 505 So. 2d 616 (Fla. 3d DCA 1987). Affirmed in part; reversed in part and remanded. . The order under review was rendered August 5, 1986, and filed August 6, 1986.…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Kunta Muwwakil v. State, 435 So. 2d 304 (Fla. 3d DCA 1983)
- Franklin v. State, 346 So. 2d 137 (Fla. 1st DCA 1977)
- Rodriguez v. State, 395 So. 2d 555 (Fla. 2d DCA 1981)
- State v. Mandell C. McGEE, 494 So. 2d 255 (Fla. 2d DCA 1986)
- Murray v. State, 464 So. 2d 622 (Fla. 2d DCA 1985)