VENICE DEVON WILSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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In this Anders appeal, the Florida Fifth District Court of Appeal reviewed Venice Devon Wilson's drug convictions arising from a single March 1999 incident. The court affirmed convictions for trafficking in cocaine and possession of cocaine with intent to sell/deliver within 1,000 feet of a place of worship, but reversed the conviction for simple possession of cocaine as a lesser-included offense.
The court affirmed the convictions for trafficking in cocaine and possession of cocaine within 1,000 feet of a place of worship with intent to sell or deliver. However, the court reversed the conviction for simple possession of cocaine because it is a lesser-included offense subsumed within the greater offense of possession within 1,000 feet of a place of worship with intent to sell or deliver.
[1] A conviction for simple possession of cocaine is subsumed within the greater offense of possession of cocaine within 1,000 feet of a place of worship with intent to sell…
[2] A conviction for simple possession of cocaine must be reversed when a defendant is also convicted of possession of cocaine within 1,000 feet of a place of worship with in…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Simple possession of cocaine is subsumed within the greater offense of possession of cocaine within 1,000 feet of a place of worship with intent to sell or deliver. The conviction for simple possession is reversed.”
The court's holding that the lesser-included offense must be reversed to avoid double jeopardy violation.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOn March 2, 1999, at 11:30 p.m., a police officer observed Wilson in an area known for drug activity standing with a group near a vehicle. When the of…
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GRIFFIN, Judge.
In this Anders appeal, the appellate public defender was asked to brief a dou ble jeopardy issue. Defendant was convicted of trafficking in 28 grams or more of cocaine, possession of cocaine within 1,000 feet of a place of worship with intent to sell or deliver, possession of cocaine, and possession of drug paraphernalia.
All of the felony drug charges arose out of the same factual event. Defendant on March 2, 1999, was observed by a police officer at 11:30 p.m. in an area known for the presence of drug dealers. Defendant was in a group of people standing around a vehicle. As the police officer approached in his vehicle, defendant turned and ran down an alley. The police officer observed defendant on his hands and knees making a scooping motion as if he were burying something. When the police officer shined a spotlight on him, defendant jumped up and walked toward the police car. Defendant told the police officer he was in the area to visit his mother. The police officer asked defendant if he could pat him down, and he found $2,403.00 in defendant’s pocket. When a back-up officer arrived, the first officer went to the area where defendant was digging and found a plastic bag filled with large slabs of white colored rocks, which later tested positive for cocaine. Defendant also was found with cocaine residue on his hands.
The state concedes it was error for defendant to be convicted of both simple possession of cocaine and possession of cocaine within 1,000 feet of a place of worship with intent to sell or deliver. See Paccione v. State, 698 So. 2d 252 (Fla.1997); Williams v. State, 700 So. 2d 190 (Fla. 5th DCA 1997). Simple possession of cocaine is subsumed within the greater offense of possession of cocaine within 1,000 feet of a place of worship with intent to sell or deliver. The conviction for simple possession is reversed.1
AFFIRMED in part; REVERSED in part; and REMANDED.
HARRIS and PLEUS, JJ., concur. . The appellate public defender also added the argument that the offense of possession of cocaine within 1,000 feet of a place of worship is unconstitutional for violating due process, equal protection, and the establishment clause, and is also void for vagueness. These arguments were rejected by this court in Rice v. State, 754 So. 2d 881 (Fla. 5th DCA 2000).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Paccione v. State, 698 So. 2d 252 (Fla. 1997)
- Rice v. State, 754 So. 2d 881 (Fla. 5th DCA 2000)
- Williams v. State, 700 So. 2d 190 (Fla. 5th DCA 1997)