Johnson v. State

SCHEB, Acting Chief Judge.

The defendant claims his conviction and sentence for sale and possession of cocaine violates the federal and state constitutional prohibition against double jeopardy. We agree.

The state charged the defendant with sale and possession of cocaine, violations of sections 893.13(l)(a) and 893.13(l)(e), Florida Statutes (1987). The offenses occurred when the defendant sold cocaine “hand to hand” to a St. Petersburg undercover detective for $20. The jury found the defendant guilty of both charges. The court sentenced the defendant to seven years’ imprisonment.

Convictions…