W.B.M. v. State

District Court of Appeal of Florida

W.B.M. v. State

452 So. 2d 659, 1984 Fla. App. LEXIS 14266

CourtDistrict Court of Appeal of Florida

DecidedJuly 17, 1984

DocketNo. 82-1652

StatusPublished

Cited by1 cases

This text of 452 So. 2d 659 (W.B.M. 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

W.B.M. v. State, 452 So. 2d 659, 1984 Fla. App. LEXIS 14266 (Fla. Ct. App. 1984).

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Opinion

PER CURIAM.

Where a juvenile was arrested for having a misdemeanor amount of marijuana on his person, and an additional felony amount of marijuana was found in the rear of the police cruiser after the juvenile had been transported to a detention center, there was a single offense for which he could not be twice prosecuted. See Jackson v. State, 418 So.2d 456 (Fla. 4th DCA 1982); see also Blockburger ¶. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932). After a delinquency adjudication for possession of the misdemeanor amount of marijuana, the constitutional proscription against double jeopardy prohibited the State from seeking an adjudication for possession of a felony amount of marijuana. See Brown v. Ohio, 432 U.S. 161, 169, 97 S.Ct. 2221, 2227, 53 L.Ed.2d 187, 196 (1977) (fifth amendment forbids successive prosecution and cumulative' punishment for a greater and lesser included offense).

The delinquency adjudication for the misdemeanor offense is AFFIRMED; the adjudication for the felony offense is REVERSED; and the cause is remanded for further consistent proceedings.

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PER CURIAM.

Where a juvenile was arrested for having a misdemeanor amount of marijuana on his person, and an additional felony amount of marijuana was found in the rear of the police cruiser after the juvenile had been transported to a detention center, there was a single offense for which he could not be twice prosecuted. See Jackson v. State, 418 So.2d 456 (Fla. 4th DCA 1982); see also Blockburger ¶. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932). After a delinquency adjudication for possession of the misdemeanor amount of marijuana, the constitutional proscription against double jeopardy prohibited the State from seeking an adjudication for possession of a felony amount of marijuana. See Brown v. Ohio, 432 U.S. 161, 169, 97 S.Ct. 2221, 2227, 53 L.Ed.2d 187, 196 (1977) (fifth amendment forbids successive prosecution and cumulative' punishment for a greater and lesser included offense).

The delinquency adjudication for the misdemeanor offense is AFFIRMED; the adjudication for the felony offense is REVERSED; and the cause is remanded for further consistent proceedings.

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Bluebook (online)

452 So. 2d 659, 1984 Fla. App. LEXIS 14266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wbm-v-state-fladistctapp-1984.

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