Legal Opinion

Jimenez v. State

District Court of Appeal of Florida

Decided December 12, 1989No. 88-2764PublishedCited by 2 opinions

1Per curiam

The defendant was convicted of two counts each of possession and sale of cocaine. As the state concedes, a defendant may not be convicted and sentenced for both the sale and possession of the same contraband. Chapman v. State, 544 So.2d 285 (Fla. 2d DCA), review denied, 551 So.2d 462 (Fla.1989); Blanca v. State, 532 So.2d 1327 (Fla. 3d DCA 1988); see State v. Smith, 547 So.2d 613 (Fla.1989). Accordingly, the convictions and sentences for the two counts of possession of cocaine must be reversed.

Additionally, the defendant claims he is entitled to a new trial because defense counsel was…

2Cases cited4 opinions

  1. State v. SmithSupreme Court of Florida · 1989
  2. State v. JohnsonSupreme Court of Florida · 1973
  3. Blanca v. StateDistrict Court of Appeal of Florida · 1988
  4. Chapman v. StateDistrict Court of Appeal of Florida · 1989

3Cited by2 opinions

  1. McBean v. StateDistrict Court of Appeal of Florida · 1997
  2. Harper v. StateDistrict Court of Appeal of Florida · 1996

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