Legal Opinion

Leon v. State

District Court of Appeal of Florida

Decided July 6, 1990No. 87-02299Published

1Opinion of the Court

SCHOONOVER, Chief Judge.

The appellant, Alfredo Leon, challenges the judgments and guidelines sentences imposed upon him after he was found guilty of trafficking in cocaine, delivery of cocaine, and possession of cocaine.

The appellant contends, on double jeopardy grounds, that he cannot be convicted of all three offenses. Since the offenses occurred prior to the effective date of the 1988 amendment to section 775.021(4), Florida Statutes (1985), and were each predicated on a single underlying act involving the same cocaine, we agree. State v. Burton, 555 So.2d 1210 (Fla.1989); State v. Smith,…

2Cases cited4 opinions

  1. Carawan v. StateSupreme Court of Florida · 1987
  2. State v. SmithSupreme Court of Florida · 1989
  3. Fuentes v. StateDistrict Court of Appeal of Florida · 1988
  4. Kelly v. StateDistrict Court of Appeal of Florida · 1989

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