EDGAR LEWIS KEENE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court reversed conviction for simple possession of cannabis as a lesser-included offense of possession with intent to sell, violating double jeopardy principles, while affirming other convictions.
Possession of cannabis is a lesser-included offense of possession with intent to sell the same quantum of contraband, and convicting a defendant of both violates double jeopardy.
[1] Possession of cannabis is a lesser-included offense of possession with intent to sell the same quantum of contraband, and double conviction on both charges violates the p…
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Join FLexlaw to unlock all legal intelligence“Possession is a lesser-included offense of possession with intent to sell the same quantum of contraband.”
Court's statement of the controlling legal principle regarding the relationship between the two offenses.
Edgar Lewis Keene was convicted of possession of cannabis with intent to sell, conspiracy to possess cannabis with intent to sell, and simple possessi…
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THREADGILL, Judge.
Edgar Lewis Keene was convicted of possession of cannabis with intent to sell, conspiracy to possess cannabis with intent to sell, and possession of cannabis.1 We reverse the conviction for possession of cannabis on double jeopardy grounds. We affirm in all other respects.
Possession is a lesser-included offense of possession with intent to sell the same quantum of contraband. Albury v. State, 585 So. 2d 509 (Fla. 3d DCA 1991). The state’s reliance on State v. McCloud, 577 So. 2d 939 (Fla.1991) is misplaced as McCloud held that possession was not a lesser-included offense of sale under amended section 775.021(4)(b), Florida Statutes (Supp.1988), in that each offense contained an element that the other did not; that is, the crime of sale does not require possession. Here, however, the offense of possession with intent to sell by definition requires possession. We therefore reverse the conviction for possession of cannabis. Barton v. State, 523 So. 2d 152, 153 (Fla.1988).
Because reversal of this conviction does not change the guideline cell and because no sentence was imposed on the possession charge, we need not remand for resentencing.
Affirmed in part; reversed in part.
RYDER, A.C.J., and BLUE, J., concur. . §§ 893.13(l)(a)2., 777.04(3), 893.13(l)(f), Fla. Stat. (1989).
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Tucker v. State, 608 So. 2d 122 (Fla. 2d DCA 1992)…convicted of possession of cocaine, possession of cocaine with intent to deliver within 1000 feet of a school and obstructing an officer with violence.1 We reverse the conviction for possession of cocaine on double jeopardy grounds. Keene v. State, 600 So. 2d 513 (Fla. 2d DCA 1992). We affirm the remaining convictions as well as the habitual offender sentence imposed. See Baxter v. State, 599 So. 2d 721 (Fla.1992). RYDER, A.C.J., HALL and THREADGILL, JJ., concur. . §§ 893.13(l)(f), 893.13(l)(e), 843.0…
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Rodriguez v. State, 958 So. 2d 469 (Fla. 2d DCA 2007)…brought the double jeopardy violation to the trial court’s attention. The trial court found that the two convictions, possession with intent and possession, do, in fact, violate Mr. Rodriguez’s double jeopardy protection pursuant to Keene v. State, 600 So. 2d 513 (Fla. 2d DCA 1992) (holding that possession is a lesser-included offense of possession with intent to sell the same quantum of contraband). However, citing Coughlin v. State, 932 So. 2d 1224 (Fla. 2d DCA 2006), the trial court dismissed the motion f…
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Armond Black v. State, 842 So. 2d 972 (Fla. 5th DCA 2003)…OMPSON, C.J., and ORFINGER, J., concur. . § 893.13(6)(a), Fla. Stat. . § 893.13(1)(e) 1Fla. Stat. . § 893.13(1)(e)1., Fla. Stat. . § 843.02, Fla. Stat. . Possession is a lesser included offense of possession with intent to sell. Keene v. State, 600 So. 2d 513 (Fla. 2d DCA 1992).…
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
- State v. McCLOUD, 577 So. 2d 939 (Fla. 1991)
- State v. Barton, 523 So. 2d 152 (Fla. 1988)
- Fennell v. State, 585 So. 2d 509 (Fla. 2d DCA 1991)