Aubuchon v. State

VILLANTI, Judge.

Cary Aubuchon appeals his convictions and sentences for attempted trafficking in oxycodone, 28 grams to 30 kilograms, and simple possession of oxycodone, contending that the dual convictions violate double jeopardy.1 The State has properly conceded that the dual convictions for attempted trafficking and possession violate double jeopardy, and we therefore vacate *57the possession conviction and remand for resentencing.

The facts at trial established that in late February 2010 Aubuchon made arrangements with a drug seller to purchase 400 oxycodone pills for $2000. The weight of…