DANNY HUEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1998-12-31
No. 98-936
GRIFFIN, C.J., ANTOON, J., and ORFINGER, M., Senior Judge, concur.
722 So. 2d 286 Florida District Court of Appeal, Fifth District (1998) Positive Treatment
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

There is no double jeopardy violation when a defendant is convicted of the crime of delivery of a controlled substance and possession with intent to sell the same substance, because each crime contains an element that the other does not. Sec. 775.021(4)(a), Fla. Stat. (1997); State v. McCloud, 577 So. 2d 939 (Fla.1991). Cf. Paccione v. State, 698 So. 2d 252 (Fla.1997).

AFFIRMED.

GRIFFIN, C.J., ANTOON, J., and ORFINGER, M., Senior Judge, concur.


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  • Gonzalez v. State, 808 So. 2d 1265 (Fla. 3d DCA 2002)
    …Sexual Predator Act are regulatory and procedural in nature and do not violate the ex post facto clause. See Rickman v. State, 714 So. 2d 538, 539 (Fla. 5th DCA 1998); see also Oce v. State, 742 So. 2d 464, 465 (Fla. 3d DCA 1999); Deatley v. State, 722 So. 2d 286 (Fla. 5th DCA 1998). Accordingly, the order under review is affirmed. . Although the defendant clearly states that he is objecting solely to the public notification portion of his classification as a sexual predator, he argues generally that th…
  • Johnson v. State, 150 So. 3d 214 (Fla. 1st DCA 2011)
    …n 1000 feet of a place of worship and possession of cocaine with the intent to sell or deliver within 1000 feet of a place of worship, both violations of section 893.13(l)(e)l, did not violate the prohibition against double jeopardy); Huey v. State, 722 So. 2d 286, 286 (Fla. 5th DCA 1998) (“There is no double jeopardy violation when a defendant is convicted of the crime of delivery of a- controlled substance and possession with intent to sell the same substance, because each crime contains an element that the…
  • State v. Savitch, 925 So. 2d 482 (Fla. 4th DCA 2006)
    …rd district has followed Morris. Cordero v. State, 686 So. 2d 737 (Fla. 3d DCA 1997); State v. Gantt, 688 So. 2d 1012 (Fla. 3d DCA 1997). The fifth district, before B.S.S., affirmed a case without opinion, citing Morris and Cordero. State v. Rowley, 722 So. 2d 286 (Fla. 5th DCA 1998).…

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