Ricks v. State

District Court of Appeal of Florida

Ricks v. State

686 So. 2d 798, 1997 Fla. App. LEXIS 255, 1997 WL 26612

CourtDistrict Court of Appeal of Florida

DecidedJanuary 27, 1997

DocketNo. 96-1963

StatusPublished

This text of 686 So. 2d 798 (Ricks 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

Ricks v. State, 686 So. 2d 798, 1997 Fla. App. LEXIS 255, 1997 WL 26612 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

Appellant was convicted of aggravated battery, possession of cannabis with intent to sell and possession of. more than 20 grams of cannabis and was sentenced to 74.6 months in prison, the maximum guidelines sentence permitted without an upward departure. He contends, and the State concedes, that he could lawfully be convicted of only one of the drug charges, as they involved the same amount of marijuana. See Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932); C.M. v. State, 672 So.2d 632 (Fla. 1st DCA 1996). Accordingly, we reverse and remand to the trial court so that [799]*799it may dismiss the charge of possession of more than 20 grams of cannabis and resen-tence appellant using a sentencing guidelines scoresheet that is calculated without considering that conviction.

MINER, WEBSTER and LAWRENCE, JJ., concur.

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PER CURIAM.

Appellant was convicted of aggravated battery, possession of cannabis with intent to sell and possession of. more than 20 grams of cannabis and was sentenced to 74.6 months in prison, the maximum guidelines sentence permitted without an upward departure. He contends, and the State concedes, that he could lawfully be convicted of only one of the drug charges, as they involved the same amount of marijuana. See Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932); C.M. v. State, 672 So.2d 632 (Fla. 1st DCA 1996). Accordingly, we reverse and remand to the trial court so that [799]*799it may dismiss the charge of possession of more than 20 grams of cannabis and resen-tence appellant using a sentencing guidelines scoresheet that is calculated without considering that conviction.

MINER, WEBSTER and LAWRENCE, JJ., concur.

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686 So. 2d 798, 1997 Fla. App. LEXIS 255, 1997 WL 26612, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ricks-v-state-fladistctapp-1997.

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