DANIEL HAMILTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Sale Or Delivery Of Cocaine cases and more on FLexlaw
DANIEL, Chief Judge.
Defendant Daniel Hamilton appeals from the judgments and sentences imposed by the trial court after a jury found him guilty of committing the offenses of possession of cocaine1 and sale or delivery of cocaine.2 Hamilton contends that the trial court violated the prohibition against double jeopardy by imposing judgment and sentence on both convictions because the convictions were predicated upon a single criminal act, the sale of one rock of crack cocaine to an undercover police officer. We agree. See Carawan v. State, 515 So. 2d 161 (Fla.1987).3 See also Davis v. State, 550 So. 2d 1188 (Fla. 5th DCA 1989). Accordingly, we vacate the judgment and sentence imposed on the possession charge. Remand, however, is not necessary because the trial court sentenced Hamilton within the recommended guidelines range and reversal of the possession conviction does not change the recommended guidelines range.
AFFIRMED in part; VACATED in part.
COBB and SHARP, JJ., concur. . § 893.13(l)(f), Fla.Stat. (1987).
. § 893.13(l)(a)(l), Fla.Stat. (1987).
.The offenses involved occurred prior to July 1, 1988, the effective date of Ch. 88-131, § 7, Laws of Fla. See Smith v. State, 547 So. 2d 613 (Fla.1989).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Roberts v. State, 557 So. 2d 685 (Fla. 5th DCA 1990)…e criminal act, the sale of one rock of cocaine to an undercover police officer. The state properly concedes error. See Carawan v. State, 515 So. 2d 161 (Fla.1987).1 See also McKinney v. State, 553 So. 2d 796 (Fla. 5th DCA 1989); Hamilton v. State, 552 So. 2d 1186 (Fla. 5th DCA 1989). Accordingly, we vacate the judgment and sentence imposed on the possession charge and remand this cause to the trial court for resentencing. AFFIRMED in part; REVERSED in part; REMANDED. DAUKSCH and GRIFFIN, JJ., concur.…
Authorities Cited
- Dion Michael Carawan v. State, 515 So. 2d 161 (Fla. 1987)
- State v. Smith, 547 So. 2d 613 (Fla. 1989)
- Davis v. State, 550 So. 2d 1188 (Fla. 5th DCA 1989)