Odom v. State
Odom v. State
Opinion of the Court
Derrick Odom was charged by second amended information with, inter alia, manufacture of methamphetamine
On appeal, Odom raises several issues of which only one has merit. He correctly argues that his dual convictions for attempted manufacture of methamphetamine and trafficking in methamphetamine and/or pseudoephedrine violate double jeopardy. See, e.g., Fonseca v. State, — So.3d-(Fla. 5th DCA 2012) (“We agree that Fonseca’s convictions of both trafficking in amphetamine and manufacturing of methamphetamine violate double jeopardy and vacate the conviction and sentence of manufacture of methamphetamine.”); Stacey v. State, 83 So.3d 749 (Fla. 5th DCA 2011).
Accordingly we direct the trial court to vacate Odom’s conviction for attempted manufacture of methamphetamine. See Capron v. State, 948 So.2d 954, 961 (Fla. 5th DCA 2007) (when multiple convictions violate double jeopardy, proper remedy is to vacate conviction for lesser offense while affirming conviction for greater one).
AFFIRMED, in part; REVERSED, in part; REMANDED.
. §§ 893.13(l)(a), 893.03(2)(c)4, Fla. Stat. (amended eff. July 1, 2008).
. §§ 893.135(l)(f), 893.03(2)(c)4, Fla. Stat. (amended eff. July 1, 2008).
Reference
- Full Case Name
- Derrick Michael ODOM v. STATE of Florida
- Cited By
- 3 cases
- Status
- Published