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CHARNECO v. STATE

No. 2D04-5098.

917 So.2d 378 (2005)

Marcos CHARNECO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 30, 2005.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Carol J.Y. Wilson, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Richard M. Fishkin, Assistant Attorney General, Tampa, for Appellee.

DAVIS, Judge.

Marcos Charneco challenges his conviction for possession of heroin on double jeopardy grounds because his arrest for possession of heroin also resulted in his conviction for trafficking in heroin, based on possession of a trafficking amount. The State properly concedes error. Accordingly, we reverse Charneco's conviction and sentence for possession of heroin contained in count three of his judgment and sentence.

At the outset we observe that...

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