Garcia v. State

OPINION

STATON, Judge.

Manuel Garcia, Sr. appeals his convictions by a jury for Dealing in Marijuana, a Class C Felony, and Possession of Marijuana, a Class D Felony. Garcia also challenges his sentence enhancement as a habitual offender. Garcia raises two issues for our review, one of which is dispositive: whether Garcia’s criminal convictions violate the Double Jeopardy Clause of the United States Constitution.

We reverse.

Garcia was arrested on December 3, 1992 for selling marijuana to a police informant and for possession of marijuana. On May 24, 1993, the State charged Garcia with Dealing in…