Velez v. State

LEHAN, Judge.

Defendant appeals from his convictions for trafficking in cocaine, delivery of marijuana, and possession of marijuana.

*526He contends that his convictions for possession and delivery of marijuana constituted a double jeopardy violation. We agree. See Gordon v. State, 528 So.2d 910 (Fla. 2d DCA 1988). This contention was properly raised on appeal notwithstanding that it was not raised below. See Williams v. State, 516 So.2d 975 (Fla. 5th DCA 1987) (en banc).

He also contends that the trial court erred in failing to instruct the jury on possession as a lesser included offense of…