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LIPSCOMB v. STATE

No. 87-172.

534 So.2d 1202 (1988)

Shellie G. LIPSCOMB, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 19, 1988.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender and Kevin Briggs, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.

THREADGILL, Judge.

Shellie Lipscomb appeals his convictions and sentences for trafficking in cocaine in violation of section 893.135, Florida Statutes (1985) and possession of cocaine with intent to sell, in violation of section 893.13.

We agree with appellant that the charges arose out of the same transaction, and that the convictions for both trafficking and possession thus violate the constitutional prohibition against double jeopardy. Carawan v. State...

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