Johnson v. State

Appellant, Dana David Johnson, appeals his convictions and sentences for the sale of cocaine and the manufacture of crack cocaine, arguing that the convictions violate the prohibition against double jeopardy because both offenses are violations of section 893.13(l)(a), Florida Statutes. For the following reasons, we affirm.

A double jeopardy violation constitutes fundamental error which may be raised for the first time on appeal. Stowe v. State, 66 So.3d 1015,1016 (Fla. 1st DCA 2011). In order to determine if a defendant’s convictions violate double jeopardy, it must first be ascertained if…