Legal Opinion

Jenkins v. State

District Court of Appeal of Florida

Decided December 21, 1988No. 87-2467Published

1Per curiam

Appellant Willie Jenkins was convicted of both delivery and possession of hydromor-phone. §§ 893.03(2)(a)(l)(k) and 893.13, Fla.Stat. (1987). It is undisputed that the two offenses involved a single, undivided quantum of the controlled substance. Therefore we must remand this case to the trial court with directions to vacate the judgment and sentence for possession. Gordon v. State, 524 So.2d 1047 (Fla. 2d DCA 1988). The judgment and sentence for delivery of hydromorphone are affirmed.

SCHEB, A.C.J., and DANAHY and HALL, JJ., concur.

2Cases cited1 opinion

  1. Gordon v. StateDistrict Court of Appeal of Florida · 1988