Hayes v. State

Confession of Error

COPE, J.

Dwayne Hayes appeals his convictions for trafficking in cocaine, § 893.135(l)(b)l.a., Fla. Stat. (2006), and possession of the same cocaine with intent to sell it. Id. § 893.13(l)(a)l.* The trafficking charge was based on possession of a trafficking amount of cocaine (“trafficking possession”). The State concedes that the double jeopardy clause does not allow convictions for both trafficking possession of cocaine and possession with the intent to sell the same cocaine. In light of the State’s concession, we reverse the conviction on the lesser offense, possession of…