KRISTINA L. STACEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
KRISTINA L. STACEY, APPELLANT,
STATE OF FLORIDA, APPELLEE
83 So. 3d 749
Florida District Court of Appeal, Fifth District (2011)
Positive Treatment
Cited by 6 cases
Opinion of the Court
We affirm Appellant’s convictions and sentences for conspiracy to traffic in 200 grams or more of methamphetamine; trafficking in 200 grams or more of methamphetamine; possession of listed chemical; and tampering with physical evidence. On each of these counts the circumstantial proof was sufficient to support the jury verdict. Based upon double jeopardy grounds, we vacate the conviction and sentence for manufacture of methamphetamine. Ford v. State, 749 So.2d 570 (Fla. 5th DCA 2000).
AFFIRMED IN PART; VACATED IN PART.
GRIFFIN, MONACO and TORPY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Odom v. State, 104 So. 3d 1238 (Fla. 5th DCA 2012)…d-(Fla. 5th DCA 2012) (“We agree that Fonseca’s convictions of both trafficking in amphetamine and manufacturing of methamphetamine violate double jeopardy and vacate the conviction and sentence of manufacture of methamphetamine.”); Stacey v. State, 83 So. 3d 749 (Fla. 5th DCA 2011). Accordingly we direct the trial court to vacate Odom’s conviction for attempted manufacture of methamphetamine. See Capron v. State, 948 So. 2d 954, 961 (Fla. 5th DCA 2007) (when multiple convictions violate double jeopardy, pr…
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Fonseca v. State, 114 So. 3d 1010 (Fla. 5th DCA 2012)…289 (M.D.Fla.2011). We agree that Fonseca’s convictions of both trafficking in amphetamine and manufacturing of methamphetamine violate double jeopardy and vacate the conviction and sentence for manufacture of methamphetamine. See Stacey v. State, 83 So. 3d 749 (Fla. 5th DCA 2011). We affirm Fonseca’s conspiracy conviction as it is founded on competent, substantial evidence. See State v. Odom, 56 So. 3d 46 (Fla. 5th DCA 2011). Finally, we reject Fonseca’s challenge to the constitutionality of sections 893.…
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Perez-Riva v. State, 152 So. 3d 98 (Fla. 2d DCA 2014)…empted manufacture of methamphetamine and trafficking violated double jeopardy); Fonseca v. State, 114 So. 3d 1010 (Fla. 5th DCA 2012) (holding convictions for both manufacturing and trafficking same drugs violated double jeopardy); Stacey v. State, 83 So. 3d 749 (Fla. 5th DCA 2011) (holding convictions for manufacture of methamphetamine and possession of methamphetamine violated double jeopardy) (manufacture includes possession, possession has no separate element)). Section 893.13, the basis for Mr. Perez-…
Authorities Cited
- Fugina v. Fugina, 749 So. 2d 570 (Fla. 5th DCA 2000)
- Ford v. State, 749 So. 2d 570 (Fla. 5th DCA 2000)