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FULTON v. STATE

Nos. 5D13-2279, 5D13-2287, 5D13-2280, 5D13-2288, 5D13-2286.

141 So.3d 1247 (2014)

Samuel FULTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

July 3, 2014.

Attorney(s) appearing for the Case

James S. Purdy , Public Defender, and Kathryn Rollison Radtke , Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Marjorie Vincent-Tripp , Assistant Attorney General, Daytona Beach, for Appellee.

WALLIS, J.

Appellant, Samuel Fulton, appeals his convictions for possession of cocaine and possession of cocaine with intent to sell. The State concedes error and acknowledges that Fulton's convictions violate his right against double jeopardy because both crimes arose out of a single criminal episode. See Paccione v. State, 698 So.2d 252, 254 (Fla.1997). Accordingly, we vacate Appellant's conviction and sentence for simple...

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