¶1Maurice Freeman appeals his judgment and sentence for sale of cocaine and possession of cocaine with intent to sell, each a violation of section 893.13(l)(a), Florida Statutes (1985), asserting that multiple punishments for the two crimes, arising out of a single drug transaction involving the same controlled substance, violated double jeopardy principles. We agree and remand to the trial court with instructions to vacate one of Freeman’s convictions and to recalculate his sentence on the authority of Wheeler v. State, 549 So.2d 687 (Fla. 1st DCA 1989). We also hold that the trial court did not commit reversible error in refusing to instruct the jury on entrapment. See Canty v. State, 471 So.2d 676 (Fla. 1st DCA 1985); Cruz v. State, 465 So.2d 516 (Fla.), cert. denied, 473 U.S. 905, 105 S.Ct. 3527, 87 L.Ed.2d 652 (1985).
549 So. 2d 705
549 So.2d 705
14 Fla.L.Weekly 2097
Freeman v. State
District Court of Appeal of Florida
Decided September 6, 1989
District Court of Appeal of Florida · decided 1989-09-06
Cited by 4 later decisions — most recently December 2013
4 state decisions
Relies on United States v. American College of Physicians · Allied Corp. v. District 17, United Mine Workers · 465 So. 2d 516 - Cruz v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1989-09-06
View the full empirical analysis of this case →