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530 So. 2d 349

530 So.2d 349

13 Fla.L.Weekly 1743

Lee v. State

District Court of Appeal of Florida · decided 1988-07-22

Relies on 528 So. 2d 910 - Gordon v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1988-07-22

How this case has been cited

Cited by 12 later decisions — most recently September 2012

12 state decisions

701988199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PARKER, Judge.

¶1Lee appeals from his separate convictions and sentences for possession of cocaine with intent to sell and sale of cocaine, both of which are violations of section 893.-13(l)(a), Florida Statutes (1985). Lee challenges the convictions and sentences, alleging that the crimes arose from a single act, and therefore the multiple punishments imposed violated Lee’s double jeopardy protection. In our recent decision in Gordon v. State, 528 So.2d 910 (Fla. 2d DCA 1988), this court ruled upon the same contention posed by Lee and determined that the offenses of possession with intent to sell and sale of cocaine resulting from a single act are the same offense for double jeopardy purposes. As a consequence, both offenses can be punished but once. Id.

¶2We, therefore, follow Gordonand remand the case to the trial court with directions to vacate one of Lee’s convictions and sentences, and for a refactoring of Lee’s guidelines scoresheet in conformity with this opinion.

¶3Affirmed in part; vacated in part, and remanded with instructions.

SCHEB, A.C.J., and SCHOONOVER, J., concur.
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