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Florida District Courts of Appeal, 1998

Huey v. State

Huey v. State
Florida District Courts of Appeal · Decided December 31, 1998 · Antoon, Griffin, Orfinger
722 So. 2d 286; 1998 Fla. App. LEXIS 16472; 1998 WL 906942 (Southern Reporter, Second Series)

Huey v. State

Opinion of the Court

PER CURIAM.

There is no double jeopardy violation when a defendant is convicted of the crime of delivery of a controlled substance and possession with intent to sell the same substance, because each crime contains an element that the other does not. Sec. 775.021(4)(a), Fla. Stat. (1997); State v. McCloud, 577 So.2d 939 (Fla. 1991). Cf. Paccione v. State, 698 So.2d 252 (Fla. 1997).

AFFIRMED.

GRIFFIN, C.J., ANTOON, J., and ORFINGER, M., Senior Judge, concur.

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