RAMON VARGAS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1989-02-14
No. 87-2599
Before SCHWARTZ, C.J., and BARKDULL and HUBBART, JJ.
541 So. 2d 1238 Florida District Court of Appeal, Third District (1989) Caution
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

As the state concedes, it was improper for the trial court to impose separate adjudications for possession and sale of the same cocaine. Blanca v. State, 532 So. 2d 1327 (Fla. 3d DCA 1988). Accordingly, the conviction for possession is vacated and set aside. The sale conviction is affirmed.


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  • Bookman v. KAH Inc., Inc., 614 So. 2d 1180 (Fla. 1st DCA 1993)
    …1228, 2 L.Ed.2d 1283 (1958); International Shoe Co. v. Washington, 326 U.S. 310, 66 S.Ct. 154, 90 L.Ed. 95 (1945); Venetian Salami Co. v. Parthenais, 554 So. 2d 499 (Fla.1989); Alexander & Alexander of the Carolinas, Inc. v. Northwest Oxygen, Inc., 541 So. 2d 1238 (Fla. 2d DCA 1989); and American Community Mutual Insurance Co. v. Naples Research and Counseling Center, Inc., 534 So. 2d 836 (Fla. 2d DCA 1988). According to this established case law, due process requires that in order to subject nonresident def…
  • Psihogios v. State, 544 So. 2d 283 (Fla. 4th DCA 1989)
    …So. 2d 910 (Fla. 2d DCA 1988). We have also determined that a defendant may not be convicted of both the sale and possession of the same cocaine at the same time and place. Brazell v. State, 532 So. 2d 50 (Fla. 4th DCA 1988). Accord Vargas v. State, 541 So. 2d 1238 (Fla. 3d DCA 1989); Blanca v. State, 532 So. 2d 1327 (Fla. 3d DCA 1988). In Carawan v. State, the supreme court described the analysis, reasoning, and tests to be applied in determining whether the legislature intended dual punishments to be impose…

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