Huey v. State

Full title: Danny HUEY, Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: Dec 31, 1998

722 So. 2d 286 (Fla. Dist. Ct. App. 1998)

Opinion

No. 98-936.

December 31, 1998.

Appeal from the Circuit Court for Orange County; Reginald K. Whitehead, Judge.

James B. Gibson, Public Defender, and Leonard R. Ross, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

There is no double jeopardy violation when a defendant is convicted of the crime of delivery of a controlled substance and possession with intent to sell the same substance, because each crime contains an element that the other does not. Sec. 775.021(4)(a), Fla. Stat. (1997); State v. McCloud, 577 So.2d 939 (Fla. 1991). Cf. Paccione v. State, 698 So.2d 252 (Fla. 1997).

AFFIRMED.

GRIFFIN, C.J., ANTOON, J., and ORFINGER, M., Senior Judge, concur.