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C.P. v. STATE

No. 85-2765.

505 So.2d 616 (1987)

C.P., a juvenile, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

April 14, 1987.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Marti Rothenberg, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen. and Michael J. Neimand, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and HENDRY and FERGUSON, JJ.

SCHWARTZ, Chief Judge.

C.P. was adjudicated delinquent based on separate findings of possessing, § 893.13(1)(e), Fla. Stat. (1985), and possessing with intent to sell, § 893.13(1)(a), Fla. Stat. (1985), the same quantity of less than 20 grams of cannabis.

Under double jeopardy principles, both convictions cannot stand and the adjudication of the lesser offense of simple possession is therefore vacated. Murray v. State, 464...

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