Leon v. State

District Court of Appeal of Florida

Leon v. State

563 So. 2d 825, 1990 Fla. App. LEXIS 4814, 1990 WL 91868

CourtDistrict Court of Appeal of Florida

DecidedJuly 6, 1990

DocketNo. 87-02299

StatusPublished

This text of 563 So. 2d 825 (Leon 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

Leon v. State, 563 So. 2d 825, 1990 Fla. App. LEXIS 4814, 1990 WL 91868 (Fla. Ct. App. 1990).

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Opinion

SCHOONOVER, Chief Judge.

The appellant, Alfredo Leon, challenges the judgments and guidelines sentences imposed upon him after he was found guilty of trafficking in cocaine, delivery of cocaine, and possession of cocaine.

The appellant contends, on double jeopardy grounds, that he cannot be convicted of all three offenses. Since the offenses occurred prior to the effective date of the 1988 amendment to section 775.021(4), Florida Statutes (1985), and were each predicated on a single underlying act involving the same cocaine, we agree. State v. Burton, 555 So.2d 1210 (Fla.1989); State v. Smith, 547 So.2d 613 (Fla.1989); Carawan v. State, 515 So.2d 161 (Fla.1987); Fuentes v. State, 533 So.2d 311 (Fla. 2d DCA 1988). We, therefore, reverse and remand to the trial court for the purpose of vacating all but one of the convictions for trafficking, delivery and possession, and to recalculate the sentence for the remaining conviction. Fuentes. See also Kelly v. State, 553 So.2d 800 (Fla. 5th DCA 1989).

Reversed and remanded.

CAMPBELL and THREADGILL, JJ., concur.

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SCHOONOVER, Chief Judge.

The appellant, Alfredo Leon, challenges the judgments and guidelines sentences imposed upon him after he was found guilty of trafficking in cocaine, delivery of cocaine, and possession of cocaine.

The appellant contends, on double jeopardy grounds, that he cannot be convicted of all three offenses. Since the offenses occurred prior to the effective date of the 1988 amendment to section 775.021(4), Florida Statutes (1985), and were each predicated on a single underlying act involving the same cocaine, we agree. State v. Burton, 555 So.2d 1210 (Fla.1989); State v. Smith, 547 So.2d 613 (Fla.1989); Carawan v. State, 515 So.2d 161 (Fla.1987); Fuentes v. State, 533 So.2d 311 (Fla. 2d DCA 1988). We, therefore, reverse and remand to the trial court for the purpose of vacating all but one of the convictions for trafficking, delivery and possession, and to recalculate the sentence for the remaining conviction. Fuentes. See also Kelly v. State, 553 So.2d 800 (Fla. 5th DCA 1989).

Reversed and remanded.

CAMPBELL and THREADGILL, JJ., concur.

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563 So. 2d 825, 1990 Fla. App. LEXIS 4814, 1990 WL 91868, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leon-v-state-fladistctapp-1990.

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