Legal Opinion

Lozano v. State

District Court of Appeal of Florida

Decided February 22, 1989No. 87-1403PublishedCited by 1 opinion

1Opinion of the Court

SCHEB, Judge.

The defendant, Manuel Enrique Lo-zano, appeals his convictions and sentences for several drug offenses. He raises two points. First, he contends that his convictions and sentences for trafficking under count I and possession under count III violate the constitutional guarantee against double jeopardy. The defendant is correct. Since these convictions and sentences arose from the same act involving the same cocaine, one conviction must be reversed. Carawan v. State, 515 So.2d 161 (Fla.1987); Gordon v. State, 528 So.2d 910 (Fla. 2d DCA 1988).

Second, the defendant argues that the…

2Cases cited5 opinions

  1. Carawan v. StateSupreme Court of Florida · 1987
  2. Hendrix v. StateSupreme Court of Florida · 1985
  3. Shull v. DuggerSupreme Court of Florida · 1987
  4. Gordon v. StateDistrict Court of Appeal of Florida · 1988
  5. Baker v. StateDistrict Court of Appeal of Florida · 1987

3Cited by1 opinion

  1. Mincey v. StateDistrict Court of Appeal of Florida · 1990

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