Choctaw v. State

District Court of Appeal of Florida

Choctaw v. State

547 So. 2d 726, 14 Fla. L. Weekly 1957, 1989 Fla. App. LEXIS 4654, 1989 WL 95300

CourtDistrict Court of Appeal of Florida

DecidedAugust 18, 1989

DocketNo. 88-02324

StatusPublished

Cited by3 cases

This text of 547 So. 2d 726 (Choctaw 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

Choctaw v. State, 547 So. 2d 726, 14 Fla. L. Weekly 1957, 1989 Fla. App. LEXIS 4654, 1989 WL 95300 (Fla. Ct. App. 1989).

Pincite

Opinion

PER CURIAM.

Appellant Tommie Lee Choctaw, on two occasions, sold small quantities of rock cocaine to undercover police officers. As to each transaction he was charged with and convicted of both delivery and possession of cocaine. §§ 893.13(l)(a) and 893.13(l)(f), Fla.Stat. (1987). Since there is no dispute that the possession charges are based solely on the same cocaine delivered to the officers, the multiple convictions and punishments represent a double jeopardy violation. See Gordon v. State, 528 So.2d 910 (Fla. 2d DCA 1988), approved sub nom. State v. Smith, 547 So.2d 613 (Fla.1989); Ramos v. State, 529 So.2d 807 (Fla. 2d DCA 1988).

We affirm the judgments and sentences for delivery of cocaine. The judgments and sentences for possession of cocaine are hereby vacated.

CAMPBELL, C.J., and SCHEB and SCHOONOVER, JJ„ concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Appellant Tommie Lee Choctaw, on two occasions, sold small quantities of rock cocaine to undercover police officers. As to each transaction he was charged with and convicted of both delivery and possession of cocaine. §§ 893.13(l)(a) and 893.13(l)(f), Fla.Stat. (1987). Since there is no dispute that the possession charges are based solely on the same cocaine delivered to the officers, the multiple convictions and punishments represent a double jeopardy violation. See Gordon v. State, 528 So.2d 910 (Fla. 2d DCA 1988), approved sub nom. State v. Smith, 547 So.2d 613 (Fla.1989); Ramos v. State, 529 So.2d 807 (Fla. 2d DCA 1988).

We affirm the judgments and sentences for delivery of cocaine. The judgments and sentences for possession of cocaine are hereby vacated.

CAMPBELL, C.J., and SCHEB and SCHOONOVER, JJ„ concur.

Cite This Page — Counsel Stack

Bluebook (online)

547 So. 2d 726, 14 Fla. L. Weekly 1957, 1989 Fla. App. LEXIS 4654, 1989 WL 95300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/choctaw-v-state-fladistctapp-1989.

Opinion

Related

Cite This Page — Counsel Stack