Thomas v. State

Reginald Thomas appeals his conviction for selling cocaine within 1000 feet of a school, contrary to section 893.13(l)(c), Florida Statutes (2006), and possession of cocaine with intent to sell within 1000 feet of a school, contrary to section 893.13(l)(c), Florida Statutes (2006). Thomas argues that these dual convictions, which involved the same quantum of cocaine, run afoul of the constitutional prohibition against double jeopardy as these offenses “are degrees of the same offense.” See § 775.021(4)(b)2, Fla. Stat. While the State agrees that Thomas’ convictions do constitute double…