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JELKS v. STATE

No. 88-1183.

546 So.2d 783 (1989)

Kelvin Eugene JELKS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

July 20, 1989.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Laura Ann Griffin, Asst. Atty. Gen., Daytona Beach, for appellee.

DAUKSCH, Judge.

This is an appeal from convictions for sale and possession of illegal drugs. Because it was the same drugs which were both sold and possessed it is appellant's contention that his constitutional double jeopardy rights are violated by convicting him of two crimes for one act.

State v. Smith, 547 So.2d 613 (Fla. 1989) answers the question in this case. That case holds that Carawan v. State,

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