FREDDIE LEE JONES, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
WIGGINTON, Judge.
Appellant appeals two judgments and sentences which have been consolidated for this appeal. In each case below, from a single transaction, appellant was found guilty of possession of a controlled substance, cocaine, with intent to sell and sale of the same controlled substance, both in violation of section 893.13(l)(a), Florida Statutes. We agree with appellant’s assertion that multiple punishments for the two crimes in each case violated double jeopardy principles. Therefore, on the authority of Wheeler v. State, 549 So. 2d 687 (Fla. 1st DCA 1989), we reverse and remand to the trial court with instructions to vacate one of appellant’s convictions in each case and to recalculate his sentence on the remaining conviction in each case.
WENTWORTH and THOMPSON, JJ., concur.
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Gillich v. Park Ave. Night Club & Emp'rs of Wausau, 569 So. 2d 930 (Fla. 1st DCA 1990)…etent substantial evidence to support such finding. “The date of maximum medical improvement marks the point after which no further recovery or improvement from an injury or disease can be reasonably expected.” Cheuvront v. File One Office Supplies, 551 So. 2d 1221, 1223 (Fla. 1st DCA 1989). A determination that maximum medical improvement has been achieved should ordinarily be based upon a clear, explicit expression of that fact set forth in medical records or medical opinion testimony. Scott v. Container Cor…
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Darius Jones v. State, 550 So. 2d 130 (Fla. 1st DCA 1989)…unty, Florida. On the authority of Wheeler v. State, 549 So. 2d 687 (Fla. 1st DCA 1989), we reverse, and remand to the trial court with instructions to vacate one of Jones’s convictions and to recalculate his sentence on the other. Jones v. State, 551 So. 2d 1221 (Fla. 1st [*131] DCA 1989). Cf., Choctaw v. State, 547 So. 2d 726 (Fla.2d DCA 1989). REVERSED AND REMANDED. SMITH and BARFIELD, JJ., concur.…
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Brutas NED v. State, 550 So. 2d 495 (Fla. 1st DCA 1989)…tion were recently rejected by this court in Wheeler v. State, 549 [*496] So. 2d 687 (Fla. 1st DCA 1989), the rationale expressed in that opinion and the result reached nevertheless require reversal and resentencing herein. See also, Jones v. State, 551 So. 2d 1221 (Fla. 1st DCA 1989). Further, the state’s argument that section 775.021(4) should be applied retroactively so as to govern this case was rejected by the Florida Supreme Court in State v. Smith, 547 So. 2d 613 (Fla.1989). Accordingly, we REVERSE an…
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- Wheeler v. State, 549 So. 2d 687 (Fla. 1st DCA 1989)