Legal Opinion

Davis v. State

District Court of Appeal of Florida

Decided November 2, 1989No. Nos. 88-1945, 88-1947 and 88-1948PublishedCited by 1 opinion

1Per curiam

The defendant’s conviction for the offense of sale or delivery of a controlled substance1 and for the separate offense of possession2 of the same controlled substance violated his constitutional double jeopardy rights. See Carawan v. State, 515 So.2d 161 (Fla.1987).3 Therefore the conviction of possession under section 893.-13(l)(f), Florida Statutes, charged in Count II of Case No. 88-1794 is reversed. The defendant’s guideline scoresheet scored the reversed possession conviction. The reversal of this possession conviction results in a two point downward point change but does not change the…

2Cases cited7 opinions

  1. Carawan v. StateSupreme Court of Florida · 1987
  2. Whitehead v. StateSupreme Court of Florida · 1986
  3. Shull v. DuggerSupreme Court of Florida · 1987
  4. Lambert v. StateSupreme Court of Florida · 1989
  5. State v. SmithSupreme Court of Florida · 1989

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Hamilton v. StateDistrict Court of Appeal of Florida · 1989

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