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141 So. 3d 1247

Fulton v. State

District Court of Appeal of Florida · decided 2014-07-03

Relies on 698 So. 2d 252 - Paccione v. State · Fugina v. Fugina

Decided 2014-07-03

WALLIS, J.

¶1Appellant, 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 possession of cocaine and affirm his judgment and sentence in all other respects. See Ford v. State, 749 So.2d 570 (Fla. 5th DCA 2000).

¶2AFFIRMED in part; REVERSED in part.

EVANDER and COHEN, JJ., concur.
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