C.P. v. State
District Court of Appeal of Florida
1Opinion of the Court
SCHWARTZ, Chief Judge.
C.P. was adjudicated delinquent based on separate findings of possessing, § 893.-13(l)(e), Fla.Stat. (1985), and possessing with intent to sell, § 893.13(l)(a), Fla.Stat. (1985), the same quantity of less than 20 grams of cannabis.
Under double jeopardy principles, both convictions cannot stand and the adjudication of the lesser offense of simple possession is therefore vacated. Murray v. State, 464 So.2d 622 (Fla. 2d DCA 1985); Rodriguez v. State, 395 So.2d 555 (Fla. 2d DCA 1981); see Muwwakil v. State, 435 So.2d 304 (Fla. 3d DCA 1983), rev. denied, 444 So.2d 417…
2Cases cited5 opinions
- Muwwakil v. StateDistrict Court of Appeal of Florida · 1983
- Franklin v. StateDistrict Court of Appeal of Florida · 1977
- Rodriguez v. StateDistrict Court of Appeal of Florida · 1981
- State v. McGeeDistrict Court of Appeal of Florida · 1986
- Murray v. StateDistrict Court of Appeal of Florida · 1985
3Cited by6 opinions
- Blanca v. StateDistrict Court of Appeal of Florida · 1988
- M.S. v. StateDistrict Court of Appeal of Florida · 1987
- McGee v. StateSupreme Court of Florida · 1987
- Milhouse v. StateDistrict Court of Appeal of Florida · 1988
- C.P. v. StateSupreme Court of Florida · 1987
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