BLACK v. STATE

No. 5D06-1300.

956 So.2d 1270 (2007)

Dexter BLACK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 1, 2007.


Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Rose M. Levering, Assistant Public Defender, Daytona Beach, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee.


PLEUS, C.J.

Finding no error, we affirm Black's conviction for possession of cannabis with intent to sell. However, the State correctly concedes that Black should not have been adjudicated guilty of possession of cannabis over twenty grams because it violates double jeopardy to adjudicate a defendant guilty of both offenses arising from the same criminal episode, even when based upon finding different amounts of cannabis in separate containers. Sims v. State,<...

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