Huey v. State
722 So. 2d 286, 1998 Fla. App. LEXIS 16472, 1998 WL 906942
District Court of Appeal of Florida·Decided December 31, 1998·No. No. 98-936·Published·Cited by 3 cases
Opinion
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.
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Huey v. State, 722 So. 2d 286, 1998 Fla. App. LEXIS 16472, 1998 WL 906942 (Fla. Ct. App. 1998).
722 So. 2d 286 (Huey v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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