C.L.C., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Possession Of Cannabis With Intent To Sell cases and more on FLexlaw
PER CURIAM.
C.L.C., a juvenile, was found guilty of possession of cannabis with intent to sell, and of the lesser included charge of misdemeanor possession of marijuana. He was adjudicated delinquent and committed con currently to a Level Eight program for each of the two offenses. We affirm the adjudication of guilt with respect to the possession with intent to sell, there being no error shown. We reverse, however, with respect to the simple possession charge. As the crime of possession of marijuana contains no element not found within the crime of possession with intent to sell, we conclude that the adjudication and sentence on the simple possession charge must be vacated, as violative of the prohibition against double jeopardy. See Paccione v. State, 698 So. 2d 252 (Fla.1997). The State agrees.
Accordingly, we vacate the adjudication and sentence for the simple possession of marijuana. We affirm the adjudication and sentence for possession of marijuana with intent to sell.
AFFIRMED in part; REVERSED in part.
SHARP, W., THOMPSON and MONACO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Crites v. State, 959 So. 2d 1265 (Fla. 5th DCA 2007)…the same contraband where the contraband in question was found in different locations during one arrest because the crime of simple possession contains no element not found within the crime of possession with intent to sell. Accord C.L.C. v. State, 868 So. 2d 685 (Fla. 5th DCA 2004). [*1267] The same principle applies to the charges at issue in this case. In its answer brief, the State argues that the defendant’s double jeopardy-claim has been waived for purposes of appellate review because it was not raise…
Authorities Cited
- Paccione v. State, 698 So. 2d 252 (Fla. 1997)