Green v. State

We reverse, in part, the appellant’s convictions and sentences for possession and sale of the same drugs upon the authority of Gordon v. State, 528 So.2d 910 (Fla. 2d DCA 1988), approved sub nom, State v. Smith, 547 So.2d 613 (Fla.1989).

In this case we focus on the quantum of drugs for which the appellant was convicted of both sale and possession in violation of section 893.13, Florida Statutes (1985), arising out of a single criminal act. The state contends we should affirm because there were two quanta of cocaine; thus the appellant was properly convicted and sentenced for separate crimes.…