Lackey v. State
This text of 31 So. 3d 958 (Lackey 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.
Opinion
Patrick Jon Lackey was sentenced for both possession of more than twenty grams of cannabis and possession with intent to sell or deliver based on the same cannabis. The State concedes, and we agree, that sentencing for both offenses violated Lackey’s double jeopardy rights. Pettway v. State, 956 So.2d 541, 541 (Fla. 4th DCA 2007); Sims v. State, 793 So.2d 1153 (Fla. 4th DCA 2001). A person “may not be convicted twice for possession of the same cannabis.” Pettway, 956 So.2d at 541.
We reverse and remand with directions to strike Lackey’s conviction and sentence for the lesser included offense of possession of more than twenty grams of cannabis.
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Cite This Page — Counsel Stack
31 So. 3d 958, 2010 Fla. App. LEXIS 4703, 2010 WL 1407998, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lackey-v-state-fladistctapp-2010.