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JENKINS v. STATE

No. 87-2467.

535 So.2d 352 (1988)

Willie JENKINS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 21, 1988.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Asst. Public Defender, Clearwater, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Candance M. Sunderland, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Appellant Willie Jenkins was convicted of both delivery and possession of hydromorphone. §§ 893.03(2)(a)(1)(k) and 893.13, Fla. Stat. (1987). It is undisputed that the two offenses involved a single, undivided quantum of the controlled substance. Therefore we must remand this case to the trial court with directions to vacate the judgment and sentence for possession. Gordon v. State, 524 So.2d 1047 (Fla...

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