Legal Opinion

Retherford v. State

District Court of Appeal of Florida

Decided August 18, 1980No. MM-316PublishedCited by 3 opinions

1Opinion of the Court

SHAW, Judge.

Appellant was charged in a three-count information with the possession of barbiturates with intent to distribute, possession of marijuana with intent to distribute, and possession of hashish with intent to distribute in violation of Section 893.13, Florida Statutes. The trial court imposed separate, concurrent five-year sentences on each of the three counts.

Appellant contends that the possession of hashish and the possession of marijuana are the same crime, to wit: the possession of cannabis. To impose two separate sentences for the single offense is therefore illegal. We agree.

The…

2Cases cited4 opinions

  1. Amato v. StateDistrict Court of Appeal of Florida · 1974
  2. Brainard v. StateDistrict Court of Appeal of Florida · 1980
  3. Marshall v. StateDistrict Court of Appeal of Florida · 1980
  4. Casey v. StateDistrict Court of Appeal of Florida · 1976

3Cited by3 opinions

  1. United States v. Eugene JacksonCourt of Appeals for the Eleventh Circuit · 2022
  2. Ramon Duran Guillen v. U.S. Attorney GeneralCourt of Appeals for the Eleventh Circuit · 2018
  3. United States v. Eugene JacksonCourt of Appeals for the Eleventh Circuit · 2022

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