Wright v. State

Appellant Michael Wright was convicted of twice selling cocaine to an undercover police officer. With respect to each transaction the state had charged Wright with both delivery1 and possession2 of a controlled substance. On appeal Wright maintains that this constitutes a double jeopardy violation. See Gordon v. State, 528 So.2d 910 (Fla. 2d DCA 1988). We agree *907and reverse with directions to vacate the judgments and sentences for possession.

The state does not dispute that Wright “was only prosecuted for that cocaine which was actually exchanged.” Nevertheless, they suggest that multiple…