W.B.M., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Successive Prosecutions cases and more on FLexlaw
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Khoury v. Est. OF Rose K. Kashey, 533 So. 2d 908 (Fla. 3d DCA 1988)…have previously applied section 57.105 to probate proceedings. See Bashure v. Estate of Paulk, 498 So. 2d 525 (Fla. 1st DCA 1986); Anderson v. Anderson, 468 So. 2d 528 (Fla. 3d DCA), rev. denied, 476 So. 2d 672 (Fla. 1985); Goldwom v. Estate of Day, 452 So. 2d 659 (Fla. 3d DCA 1984); Ferguson v. Estate of Ferguson, 410 So. 2d 617 (Fla. 4th DCA 1982); Allen v. Estate of Dutton, 384 So. 2d 171 (Fla. 5th DCA), rev. denied, 392 So. 2d 1373 (Fla.1980).…
-
Noris Deltoro v. State, 546 So. 2d 1169 (Fla. 3d DCA 1989)…ficking in the drug based on contemporaneous possession of a small amount of the drug in her purse and a larger amount in the box in her car. Such dual convictions violate the constitutional proscription against double jeopardy. See W.B.M. v. State, 452 So. 2d 659 (Fla. 3d DCA 1984); Jackson v. State, 418 So. 2d 456 (Fla. 4th DCA 1982). The offense involved here occurred on May 1, 1987. Consequently, as stated in Jones v. State, 546 So. 2d 126 (Fla. 3d DCA 1989), “[T]his result is compelled by Carawan v. St…
Authorities Cited
- Blockburger v. United States, 284 U.S. 299 (U.S. 1932)
- Brown v. Ohio, 432 U.S. 161 (U.S. 1977)
- Jackson v. State, 418 So. 2d 456 (Fla. 4th DCA 1982)