Legal Opinion

Milhouse v. State

District Court of Appeal of Florida

Decided March 11, 1988No. BS-495PublishedCited by 1 opinion

1Opinion of the Court

SMITH, Chief Judge.

Appellant raises two issues on appeal, only one of which has merit. Appellant was charged below with several offenses of possession of cannabis with intent to sell, and either felony or misdemeanor possession of the same cannabis. We agree with appellant that the separate convictions in these cases cannot stand under double jeopardy principles and that the convictions for possession of marijuana in each case must be vacated. C.P. v. State, 505 So.2d 616 (Fla. 3rd DCA 1987); accord M.S. v. State, 513 So.2d 231 (Fla. 3rd DCA 1987).

Appellant has failed to demonstrate an abuse…

2Cases cited3 opinions

  1. Davis v. StateDistrict Court of Appeal of Florida · 1969
  2. C.P. v. StateDistrict Court of Appeal of Florida · 1987
  3. M.S. v. StateDistrict Court of Appeal of Florida · 1987

3Cited by1 opinion

  1. Gordon v. StateDistrict Court of Appeal of Florida · 1988

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