State v. Martinez

Patricio Martinez appeals his conviction for unlawful delivery of a controlled substance to a minor, Count II, and his sentences for Counts II and III, possession *843with intent to deliver a controlled substance to a minor.1 He argues that (1) the evidence was insufficient to support the charge of unlawful delivery of a controlled substance; and (2) the State charged him with legally identical offenses involving the same substance and transaction, violating the double jeopardy clause of the Fifth Amendment2 and the state constitution.3 The State concedes that Martinez’s conviction on Count II,…