C.P., A JUVENILE, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
OVERTON, Justice.
We have for review C.P. v. State, 505 So. 2d 616 (Fla. 3d DCA 1987), in which the district court, citing State v. McGee, 494 So. 2d 255 (Fla. 2d DCA 1986), affirmed the charge of possession with intent to sell less than twenty grams of cannabis as a third-degree felony, rather than a first-degree misdemeanor. We accepted jurisdiction on the basis of acknowledged conflict with Franklin v. State, 346 So. 2d 137 (Fla. 1st DCA 1977). In our recent decision in McGee v. State, 509 So. 2d 1102 (Fla.1987), we resolved the conflict in accordance with the district court’s view in the instant case. Accordingly, we approve the decision of the district court.
It is so ordered.
McDonald, C.J., and EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
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Felts v. State, 537 So. 2d 995 (Fla. 1st DCA 1988)…. Baring Industries, Inc., 515 So. 2d 980 (Fla.1987); Party v. McDonnell Douglas Corp., 515 So. 2d 983 (Fla.1987); Manuel v. Eig Cutlery, Inc., 515 So. 2d 980 (Fla.1987); Shaw v. General Motors Corp., 518 So. 2d 900 (Fla.1987; Allen v. A.M.F., Inc., 515 So. 2d 982 (Fla.1987); Brackenridge v. Ametek, Inc., 517 So. 2d 667 (Fla.1987); Wallis v. The Grumman Corp., 515 So. 2d 1276 (Fla.1987); Clausell v. Hobart Corp., 515 So. 2d 1275 (Fla.1987); Melendez v. Dreis and Krump Manufacturing Co., 515 So. 2d 735 (Fla.19…
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Melquiades Blanca v. State, 532 So. 2d 1327 (Fla. 3d DCA 1988)…ne. 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.…
Authorities Cited
- Franklin v. State, 346 So. 2d 137 (Fla. 1st DCA 1977)
- State v. Mandell C. McGEE, 494 So. 2d 255 (Fla. 2d DCA 1986)
- C.P. v. State, 505 So. 2d 616 (Fla. 3d DCA 1987)
- Mandell C. McGEE v. State, 509 So. 2d 1102 (Fla. 1987)