Legal Opinion

Oliver v. State

District Court of Appeal of Florida

Decided November 21, 1990No. 89-3236PublishedCited by 1 opinion

1Per curiam

Oliver appeals from his conviction and sentencing for two counts of possession with intent to sell cocaine and two counts of sale of cocaine. The charges arise out of two separate controlled buys of narcotics. For each occurrence, the appellant was charged with both possession with intent to sell and sale. In Wheeler v. State, 549 So.2d 687 (Fla. 1st DCA 1989), this court held that separate convictions and punishments for both crimes arising out of a single transaction and involving the same controlled substance violated the principles of double jeopardy. We, therefore, reverse and remand to…

2Cases cited2 opinions

  1. Ree v. StateSupreme Court of Florida · 1990
  2. Brown v. StateDistrict Court of Appeal of Florida · 1990

3Cited by1 opinion

  1. State v. OliverSupreme Court of Florida · 1991

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