Oxilus v. State
This text of 528 So. 2d 527 (Oxilus 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
Marcel OXILUS, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, Second District.
James Marion Moorman, Public Defender, and John T. Kilcrease Jr., Asst. Public Defender, Bartow, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Alan L. Overton, Asst. Atty. Gen., Tampa, for appellee.
SCHEB, Acting Chief Judge.
Defendant Marcel Oxilus appeals from his conviction and sentence for trafficking in cocaine, a first degree felony, and sale of cocaine, a second degree felony. We find merit only in defendant's contention that the trial court, in adjudicating him guilty of both sale and trafficking based on one single underlying act, violated the double jeopardy provisions of the Florida and United States Constitutions. Carawan v. State, 515 So.2d 161 (Fla. 1987).
Accordingly, we affirm the defendant's conviction for trafficking in cocaine, vacate *528 his conviction for sale of cocaine, and remand for resentencing.
HALL and PARKER, JJ., concur.
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528 So. 2d 527, 1988 WL 74789, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oxilus-v-state-fladistctapp-1988.