Florida District Courts of Appeal, 1988

Jenkins v. State

Jenkins v. State
Florida District Courts of Appeal · Decided December 21, 1988 · Danahy, Hall, Scheb
535 So. 2d 352; 14 Fla. L. Weekly 156; 1988 Fla. App. LEXIS 5695; 1988 WL 137191 (Southern Reporter, Second Series)

Jenkins v. State

Opinion of the Court

PER 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.

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