Fulton v. State

Full title: Samuel FULTON, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Fifth District.

Date published: Jul 3, 2014

141 So. 3d 1247 (Fla. Dist. Ct. App. 2014)

Opinion

Nos. 5D13–2279 5D13–2287 5D13–2280 5D13–2288 5D13–2286.

2014-07-3

Samuel FULTON, Appellant, v. STATE of Florida, Appellee.

Appeal from the Circuit Court for Brevard County, Charles J. Roberts, Judge. James S. Purdy, Public Defender, and Kathryn Rollison Radtke, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Marjorie Vincent–Tripp, Assistant Attorney General, Daytona Beach, for Appellee.

WALLIS

Appeal from the Circuit Court for Brevard County, Charles J. Roberts, Judge.
James S. Purdy, Public Defender, and Kathryn Rollison Radtke, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Marjorie Vincent–Tripp, Assistant Attorney General, Daytona Beach, for Appellee.
WALLIS, J.

Appellant, Samuel Fulton, appeals his convictions for possession of cocaine and possession of cocaine with intent to sell. The State concedes error and acknowledges that Fulton's convictions violate his right against double jeopardy because both crimes arose out of a single criminal episode. See Paccione v. State, 698 So.2d 252, 254 (Fla.1997). Accordingly, we vacate Appellant's conviction and sentence for simple possession of cocaine and affirm his judgment and sentence in all other respects. See Ford v. State, 749 So.2d 570 (Fla. 5th DCA 2000).

AFFIRMED in part; REVERSED in part. EVANDER and COHEN, JJ., concur.