ACY REYNOLD LEE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PARKER, Judge.
Lee appeals from his separate convictions and sentences for possession of cocaine with intent to sell and sale of cocaine, both of which are violations of section 893.-13(l)(a), Florida Statutes (1985). Lee challenges the convictions and sentences, alleging that the crimes arose from a single act, and therefore the multiple punishments imposed violated Lee’s double jeopardy protection. In our recent decision in Gordon v. State, 528 So. 2d 910 (Fla. 2d DCA 1988), this court ruled upon the same contention posed by Lee and determined that the offenses of possession with intent to sell and sale of cocaine resulting from a single act are the same offense for double jeopardy purposes. As a consequence, both offenses can be punished but once. Id.
We, therefore, follow Gordon and remand the case to the trial court with directions to vacate one of Lee’s convictions and sentences, and for a refactoring of Lee’s guidelines scoresheet in conformity with this opinion.
Affirmed in part; vacated in part, and remanded with instructions.
SCHEB, A.C.J., and SCHOONOVER, J., concur.
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Black v. State, 630 So. 2d 609 (Fla. 1st DCA 1993)…o obtain leniency for his girlfriend, when in fact, the police had no intention of charging her with the robberies. That appellant thought differently does not furnish a basis for invalidating his otherwise voluntary confession. See, State v. Moore, 530 So. 2d 349 (Fla. 2d DCA 1988). Finally, we note that an erroneously admitted confession is subject to harmless error analysis. See, Traylor v. State, 596 So. 2d 957, 973 (Fla.1992); Segarra v. State, 596 So. 2d 740 (Fla. 2d DCA 1992). Given the extensive evid…
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Martin v. State, 107 So. 3d 281 (Fla. 2012)…The issue with express quid pro quo bargains was addressed in Florida by the Second District Court of Appeal, in which that court held that “statements suggesting leniency are only objectionable if they establish” such a bargain. See State v. Moore, 530 So. 2d 349, 350 (Fla. 2d DCA 1988). The more recent decisions of the U.S. Supreme Count render this authority questionable at best. Today, with regard to Martin’s interview, we evaluate the detectives’ statements, particularly those of Detective Wolcott, in li…
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- Gordon v. State, 528 So. 2d 910 (Fla. 2d DCA 1988)