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528 So. 2d 527

Docket No. 86-3096.

Oxilus v. State

Marcel OXILUS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1988-07-20

Cited by 2 later decisions — most recently April 1990

2 state decisions

Relies on 515 So. 2d 161 - Carawan v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1988-07-20

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¶1James Marion Moorman, Public Defender, and John T. Kilcrease Jr., Asst. Public Defender, Bartow, for appellant.

¶2Robert A. Butterworth, Atty. Gen., Tallahassee, and Alan L. Overton, Asst. Atty. Gen., Tampa, for appellee.

¶3SCHEB, Acting Chief Judge.

¶4Defendant Marcel Oxilus appeals from his conviction and sentence for trafficking in cocaine, a first degree felony, and sale of cocaine, a second degree felony. We find merit only in defendant's contention that the trial court, in adjudicating him guilty of both sale and trafficking based on one single underlying act, violated the double jeopardy provisions of the Florida and United States Constitutions. Carawan v. State,515 So.2d 161 (Fla. 1987).

¶5Accordingly, we affirm the defendant's conviction for trafficking in cocaine, vacate *528 his conviction for sale of cocaine, and remand for resentencing.

¶6HALL and PARKER, JJ., concur.

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