Opinion
No. 87-2467.
December 21, 1988.
Appeal from the Circuit Court for Pinellas County; Catherine M. Harlan, Judge.
James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Asst. Public Defender, Clearwater, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Candance M. Sunderland, Asst. Atty. Gen., Tampa, for appellee.
Appellant Willie Jenkins was convicted of both delivery and possession of hydromorphone. §§ 893.03(2)(a)(1)(k) and 893.13, Fla. Stat. (1987). It is undisputed that the two offenses involved a single, undivided quantum of the controlled substance. Therefore we must remand this case to the trial court with directions to vacate the judgment and sentence for possession. Gordon v. State, 524 So.2d 1047 (Fla. 2d DCA 1988). The judgment and sentence for delivery of hydromorphone are affirmed.
SCHEB, A.C.J., and DANAHY and HALL, JJ., concur.