Stokes v. State
Florida District Courts of Appeal
Stokes v. State, 549 So. 2d 715 (1989)
14 Fla. L. Weekly 2215; 1989 Fla. App. LEXIS 5151; 1989 WL 109513
Miner, Smith, Thompson
Stokes v. State
Opinion of the Court
Stokes appeals a judgment and sentence for possession of a controlled substance, cocaine, with intent to sell and sale of the same controlled substance, both in violation of section 893.13(l)(a), Florida Statutes. We agree with his assertion that multiple punishments for the two crimes violate double jeopardy principles. Therefore, on the authority of Wheeler v. State, 549 So.2d 687 (Fla. 1st DCA 1989), we reverse and remand to the trial court with instructions to vacate one of Stokes’ convictions and to recalculate his sentence on the remaining conviction.
Reference
- Full Case Name
- Clyde STOKES v. STATE of Florida
- Cited By
- 1 case
- Status
- Published