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HAYES v. STATE

No. 3D08-920.

19 So.3d 435 (2009)

Dwayne HAYES, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 30, 2009.

Attorney(s) appearing for the Case

Carlos J. Martinez, Public Defender, and Robert Kalter, Assistant Public Defender.

Bill McCollum, Attorney General, and Douglas J. Glaid, Assistant Attorney General, for appellee.

Before COPE and LAGOA, JJ., and SCHWARTZ, Senior Judge.

Confession of Error

COPE, J.

Dwayne Hayes appeals his convictions for trafficking in cocaine, § 893.135(1)(b)1.a., Fla. Stat. (2006), and possession of the same cocaine with intent to sell it. Id. § 893.13(1)(a)1.* The trafficking charge was based on possession of a trafficking amount of cocaine ("trafficking possession"). The State concedes that the double jeopardy clause does not allow convictions for...

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