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Black v. State

956 So. 2d 1270, 2007 Fla. App. LEXIS 8328, 2007 WL 1573917
CourtDistrict Court of Appeal of Florida
DecidedJune 1, 2007
DocketNo. 5D06-1300
StatusPublished

This text of 956 So. 2d 1270 (Black v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Black v. State, 956 So. 2d 1270, 2007 Fla. App. LEXIS 8328, 2007 WL 1573917 (Fla. Ct. App. 2007).

Opinion

PLEUS, C.J.

Finding no error, we affirm Black’s conviction for possession of cannabis with intent to sell. However, the State correctly concedes that Black should not have been adjudicated guilty of possession of cannabis over twenty grams because it violates double jeopardy to adjudicate a defendant guilty of both offenses arising from the same criminal episode, even when based upon finding different amounts of cannabis in separate containers. Sims v. State, 793 So.2d 1153 (Fla. 4th DCA 2001). Accordingly, we reverse the conviction for possession of cannabis over twenty grams and remand for entry of a corrected judgment.

AFFIRMED IN PART; REVERSED IN PART; REMANDED.

GRIFFIN and LAWSON, JJ., concur.

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Related

Sims v. State
793 So. 2d 1153 (District Court of Appeal of Florida, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
956 So. 2d 1270, 2007 Fla. App. LEXIS 8328, 2007 WL 1573917, Counsel Stack Legal Research, https://law.counselstack.com/opinion/black-v-state-fladistctapp-2007.