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HOLMES v. STATE

No. 90-712.

575 So.2d 332 (1991)

Tonnie Torrell HOLMES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 7, 1991.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Michele A. Lucas, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Nancy Ryan, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

AFFIRMED on the authority Davis v. State, 560 So.2d 1231 (Fla. 5th DCA), jurisdiction accepted, 568 So.2d 435 (Fla. 1990).

DAUKSCH and COBB, JJ., concur.

COWART, J., dissents with opinion.

COWART, Judge, dissenting.

The defendant on appeal claims his double jeopardy rights were violated when he was convicted of possession and sale of the exact same drug. This dissent is based...

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