Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

C.L.C., A Child, Appellant, v. STATE OF FLORIDA, Appellee.

PER CURIAM.

C.L.C., a juvenile, was found guilty of possession of cannabis with intent to sell, and of the lesser included charge of misdemeanor possession of marijuana. He was adjudicated delinquent and committed concurrently to a Level Eight program for each of the two offenses. We affirm the adjudication of guilt with respect to the possession with intent to sell, there being no error shown. We reverse, however, with respect to the simple possession charge. As the crime of possession of marijuana contains no element not found within the crime of possession with intent to sell, we conclude that the adjudication and sentence on the simple possession charge must be vacated, as violative of the prohibition against double jeopardy. See Paccione v. State, 698 So.2d 252 (Fla. 1997). The State agrees.

Accordingly, we vacate the adjudication and sentence for the simple possession of marijuana. We affirm the adjudication and sentence for possession of marijuana with intent to sell.

AFFIRMED in part; REVERSED in part.

SHARP, W., THOMPSON and MONACO, JJ., concur.

Use AI to get other relevant cases.

Comments

C.L.C. v. STATE
(Apr 2, 2004)