Florida District Courts of Appeal, 1997

Ricks v. State

Ricks v. State
Florida District Courts of Appeal · Decided January 27, 1997 · Lawrence, Miner, Webster
686 So. 2d 798; 1997 Fla. App. LEXIS 255; 1997 WL 26612 (Southern Reporter, Second Series)

Ricks v. State

Opinion of the Court

PER CURIAM.

Appellant was convicted of aggravated battery, possession of cannabis with intent to sell and possession of. more than 20 grams of cannabis and was sentenced to 74.6 months in prison, the maximum guidelines sentence permitted without an upward departure. He contends, and the State concedes, that he could lawfully be convicted of only one of the drug charges, as they involved the same amount of marijuana. See Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932); C.M. v. State, 672 So.2d 632 (Fla. 1st DCA 1996). Accordingly, we reverse and remand to the trial court so that *799it may dismiss the charge of possession of more than 20 grams of cannabis and resen-tence appellant using a sentencing guidelines scoresheet that is calculated without considering that conviction.

MINER, WEBSTER and LAWRENCE, JJ., concur.

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