Blanca v. State

Full title: MELQUIADES BLANCA, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Nov 1, 1988

532 So. 2d 1327 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-1393.

November 1, 1988.

Appeal from the Circuit Court, Dade County, Mary Ann MacKenzie, J.

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

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

Before HUBBART, BASKIN and JORGENSON, JJ.

PER CURIAM.

Melquiades 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.

We 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).

AFFIRMED IN PART; REVERSED IN PART.