¶1Stokes appeals a judgment and sentence for possession of a controlled substance, cocaine, with intent to sell and sale of the same controlled substance, both in violation of section 893.13(l)(a), Florida Statutes. We agree with his assertion that multiple punishments for the two crimes violate double jeopardy principles. Therefore, on the authority of Wheeler v. State, 549 So.2d 687 (Fla. 1st DCA 1989), we reverse and remand to the trial court with instructions to vacate one of Stokes’ convictions and to recalculate his sentence on the remaining conviction.
549 So. 2d 715
549 So.2d 715
14 Fla.L.Weekly 2215
Stokes v. State
District Court of Appeal of Florida
Decided September 20, 1989
District Court of Appeal of Florida · decided 1989-09-20
Relies on Wheeler v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1989-09-20
How this case has been cited
Cited by 19 later decisions — most recently December 2018
18 state decisions
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.
View the full empirical analysis of this case →