SHAWN A. WASHINGTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
SHAWN A. WASHINGTON, APPELLANT,
STATE OF FLORIDA, APPELLEE
745 So. 2d 1050
Florida District Court of Appeal, First District (1999)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We conclude that the evidence was sufficient to support the defendant’s conviction for trafficking in excess of twenty-eight grams of cocaine. The weight of the cocaine was a question for the jury. As the state concedes, however, the defendant cannot be convicted of both trafficking in cocaine and possession of cocaine with intent to sell if the two offenses arose out of the same criminal episode. See Johnson v. State, 712 So. 2d 380 (Fla.1998). Accordingly, we remand the case to the trial court with instructions to vacate the defendant’s conviction for possession of cocaine with intent to sell, and to resentence the defendant on the trafficking conviction.
ERVIN, LAWRENCE and PADOVANO, JJ„ CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Upshaw v. State, 840 So. 2d 1064 (Fla. 1st DCA 2003)…lant was convicted of trafficking in cocaine and possession of cocaine with the intent to sell. If these convictions arose from the same amount of contraband in a single episode, then the convictions violate double jeopardy. See Washington v. State, 745 So. 2d 1050 (Fla. 1st DCA 1999). The factual basis given during the plea colloquy indicates that the Appellant possessed different amounts and packages of cocaine, but it is unclear from the factual basis whether the different amounts and packages of cocaine su…
Authorities Cited
- Tommie v. Johnson, 712 So. 2d 380 (Fla. 1998)