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631 So. 2d 388

Docket No. 92-1836.

Graham v. State

Kenneth Aaron GRAHAM, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided February 16, 1994.

District Court of Appeal of Florida · decided 1994-02-16

Relies on 596 So. 2d 1167 - Lundy v. State · 573 So. 2d 998 - Wright v. State · 599 So. 2d 1365 - Perrin v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1994-02-16

How this case has been cited

Cited by 8 later decisions — most recently May 2012

8 state decisions

60199420002010decided

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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¶1Angela L. Jacobs, Tallahassee, for appellant.

¶2Robert A. Butterworth, Atty. Gen., and Amelia L. Beisner, Asst. Atty. Gen., Tallahassee, for appellee.

¶3PER CURIAM.

¶4Appellant challenges his convictions and sentences for possession of more than 20 grams of cannabis and possession of cannabis with intent to sell, because both offenses were premised on his possession of the same quantity of cannabis at the same time and place. Appellee concedes that, although appellant cannot challenge his convictions for these two offenses because he did not raise the issue below, he can raise the sentencing issue, citing Perrin v. State,599 So.2d 1365 (Fla. 1st DCA 1992) and Wright v. State,573 So.2d 998 (Fla. 1st DCA 1991). Appellee further concedes sentencing appellant for both offenses in the circumstances of this case violates the prohibition against double jeopardy, and we agree. See Lundy v. State,596 So.2d 1167 (Fla. 4th DCA 1992). Therefore, the sentence for possession of more than 20 grams of cannabis is vacated. The convictions and sentences are affirmed in all other respects.

¶5JOANOS, KAHN and WEBSTER, JJ., concur.

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