Reeves v. State
Decision Date | 30 August 1995 |
Docket Number | No. 94-2489,94-2489 |
Citation | 659 So.2d 1259 |
Parties | 20 Fla. L. Weekly D1976 Jasper REEVES, Appellant, v. STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
Richard L. Jorandby, Public Defender, and Ellen Morris, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.
Jasper Reeves appeals from a final judgment and sentence convicting him of both possession and sale of cocaine. He raises two points on appeal, one directed to his conviction, which we affirm, and the other directed to his habitual felony offender sentence, which we reverse.
Reeves entered an open plea of nolo contendere to charges of possession of cocaine and sale of cocaine which arose out of a single episode which occurred on January 24, 1994. Reeves now contends that his conviction for possession of cocaine cannot stand because it was the core offense which comprised the sale of cocaine, and as such violates the double jeopardy clause of the United States and Florida Constitutions. See Sirmons v. State, 634 So.2d 153 (Fla.1994) ( ); and Lundy v. State, 596 So.2d 1167 (Fla. 4th DCA 1992) ( ).
The state cites several cases which we agree vitiate Reeves's double jeopardy argument with regard to separate convictions for sale of a controlled substance and possession of that same controlled substance. See State v. McCloud, 577 So.2d 939 (Fla.1991) ( ); State v. Stenson, 587 So.2d 1144 (Fla.1991) ( ); State v. Robinson, 581 So.2d 158 (Fla.1991) ( ). In accordance with the above case law, we affirm both the conviction for sale and possession of cocaine.
However, we do agree that it was illegal to sentence Reeves for possession of cocaine under the habitual felony offender statute, as that statute does not permit habitualization of a defendant where the felony for which the defendant...
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Gainer v. State, 95-68
...relating [solely] to the purchase or the possession of a controlled substance." § 775.084(1)(a)3., Fla.Stat. (1993); Reeves v. State, 659 So.2d 1259 (Fla. 4th DCA 1995). While appellant's concurrent sentence as a habitual felony offender for sale of cocaine (count I) was lawful, we reverse ......
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Dunbar v. State of Florida
...appellant as a habitual offender for possession of cocaine. See Stubbs v. State, 676 So. 2d 532 (Fla. 4th DCA 1996); Reeves v. State, 659 So. 2d 1259 (Fla. 4th DCA 1995); § 775.084(1)(a)3, Fla. Stat. (1993). As in Stubbs the error may be harmless when considered with the other sentence impo......
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Stubbs v. State
...state concedes, and we agree, the trial court erred in habitualizing the defendant on the possession of cocaine count. Reeves v. State, 659 So.2d 1259 (Fla. 4th DCA 1995); § 775.084(1)(a)3, Fla. Stat. (1993). While this error may be harmless in light of the other sentences imposed, we reman......