LARRY RICHARD WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the dual conviction for sale and possession of cocaine violated double jeopardy principles. The court affirmed the conviction for sale/delivery but reversed the conviction for possession.
Appellant was convicted of both sale/delivery and possession of cocaine rocks for a single criminal act. The state conceded that the dual conviction v…
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PER CURIAM.
We affirm appellant’s conviction for sale, delivery or possession with intent to sell or deliver cocaine rocks. § 893.13(l)(a), Fla. Stat. (1987).
We reverse his conviction and sentence for possession of cocaine rocks. § 893.13(l)(f) (1987).1 As conceded by the state, the dual conviction placed appellant in jeopardy twice for the single May 1988 criminal act.2 Carawan v. State, 515 So. 2d 161 (Fla.1987); Smith v. State, 524 So. 2d 461 (Fla. 4th DCA 1988), approved, State v. Smith, 547 So. 2d 613 (Fla.1989); Choctaw v. State, 547 So. 2d 726, 727 (Fla. 2d DCA 1989) (citing Gordon v. State, 528 So. 2d 910 (Fla. 2d DCA 1988), approved sub nom. State v. Smith, 547 So. 2d 613 (Fla.1989).3 We remand for resentencing consistent with this opinion.
AFFIRMED IN PART; REVERSED IN PART; AND REMANDED FOR RESEN-TENCING.
GLICKSTEIN, DELL and GARRETT, JJ., concur. . The information erroneously cited section 893.13(l)(e).
. Section 775.021(4)(a), Florida Statutes (Supp. 1988), which overrode Carawan v. State, 515 So. 2d 161 (Fla.1987), became effective July 1, 1988. The statute is inapplicable to crimes committed before its effective date. State v. Smith, 547 So. 2d 613, 617 (Fla.1989).
.We acknowledge conflict with Porterfield v. State, 553 So. 2d 186 (Fla. 1st DCA 1989) (dual convictions for cocaine sale and possession upheld) and note its certified question based on State v. Smith, 430 So. 2d 448 (Fla. 1983) (dual convictions proper if sale and possession crimes set forth in the same subsection of the statute).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Dion Michael Carawan v. State, 515 So. 2d 161 (Fla. 1987)
- State v. Smith, 547 So. 2d 613 (Fla. 1989)
- Gordon v. State, 528 So. 2d 910 (Fla. 2d DCA 1988)
- Smith v. State, 430 So. 2d 448 (Fla. 1983)
- Smith v. State, 524 So. 2d 461 (Fla. 4th DCA 1988)
- Manual v. State, 547 So. 2d 726 (Fla. 2d DCA 1989)
- Harrison Porterfield v. State, 553 So. 2d 186 (Fla. 1st DCA 1989)