MELQUIADES BLANCA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1988-11-01
No. 87-1393
Before HUBBART, BASKIN and JORGENSON, JJ.
532 So. 2d 1327 Florida District Court of Appeal, Third District (1988) Caution
Cited by 11 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Melquíades Blanca appeals from separate convictions for the sale and possession of cocaine. The convictions arose from the same act and involved the same two rocks of cocaine.

We affirm that portion of the trial court’s judgment of conviction for the sale of cocaine but modify the judgment to reflect no conviction on the charge of possession of cocaine. Separate convictions for the sale of cocaine and possession of that same cocaine violate the constitutional guarantee against double jeopardy. Gordon v. State, 528 So. 2d 910 (Fla. 2d DCA 1988); C.P. v. State, 505 So. 2d 616 (Fla.3d DCA), aff'd, 515 So. 2d 982 (Fla.1987).

AFFIRMED IN PART; REVERSED IN PART.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (11 total)

  • Hatten v. State, 542 So. 2d 1061 (Fla. 2d DCA 1989)
    …as the result of a single drug transaction involving a single, undivided quantity of cocaine. Accordingly, the judgment and sentence for possession of cocaine should be set aside. Gordon v. State, 528 So. 2d 910 (Fla. 2d DCA 1988); Blanca v. State, 532 So. 2d 1327 (Fla. 3d DCA 1988). The judgment and sentence for sale of cocaine are affirmed. Affirmed in part, reversed in part, and remanded with instructions. RYDER, A.C.J., and LEHAN and PATTERSON, JJ., concur.…
  • Irizarry v. State, 578 So. 2d 711 (Fla. 3d DCA 1990)
    …e offenses should not have been scored. He argues, and the State concedes, that one of the possession counts was based on the sale of the same cocaine, contrary to the rule announced in State v. Smith, 547 So. 2d 613 (Fla.1989), and Blanca v. State, 532 So. 2d 1327 (Fla. 3d DCA 1988). Irizarry contends that the conviction and sentence on one of the possession counts must be vacated, and that he must be resentenced under a recalculated scoresheet. We agree in part and disagree in part. The effect of the guilty…
  • Psihogios v. State, 544 So. 2d 283 (Fla. 4th DCA 1989)
    …d 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 imposed where the defendant contends that he or she has bee…

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