Blanca v. State

Melquiades BLANCA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided November 1, 1988.

District Court of Appeal of Florida · decided 1988-11-01

Cited by 11 later decisions — most recently April 1991

11 state decisions

Relies on 528 So. 2d 910 - Gordon v. State · 505 So. 2d 616 - C.P. v. State · 515 So. 2d 982 - Allen v. A.M.F., INC.

Good law ✅— No negative treatment on recordhow we know

Decided 1988-11-01

View the full empirical analysis of this case →

¶1Bennett H. Brummer, Public Defender, and Robert Kalter, Sp. Asst. Public Defender, for appellant.

¶2 *1328 Robert A. Butterworth, Atty. Gen., and Susan Odzer Hugentugler and Ralph Barreira, Asst. Atty. Gen., for appellee.

¶3Before HUBBART, BASKIN and JORGENSON, JJ.

¶4PER CURIAM.

¶5Melquiades Blanca appeals from separate convictions for the sale and possession of cocaine. The convictions arose from the same act and involved the same two rocks of cocaine.

¶6We affirm that portion of the trial court's judgment of conviction for the sale of cocaine but modify the judgment to reflect no conviction on the charge of possession of cocaine. Separate convictions for the sale of cocaine and possession of that same cocaine violate the constitutional guarantee against double jeopardy. Gordon v. State,528 So.2d 910 (Fla. 2d DCA 1988); C.P. v. State,505 So.2d 616 (Fla.3d DCA), aff'd,515 So.2d 982 (Fla. 1987).

¶7AFFIRMED IN PART; REVERSED IN PART.