Eric J. Dirga, P.A.

A Florida Trial Attorney

Criminal Record Expungements/Sealings, Traffic Defense.

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Double Jeopardy; Drug Cases

Florida Case Law On Drug Offense Issues

Legal Opinions From The Florida Supreme Court And The District Courts Of Appeal

Last Updated: May 27, 2016

DOUBLE JEOPARDY


Note:

The cases all involve double jeopardy issues. They are further broken down under the offense charged or found guilty of doing. The effort is to make finding this law very efficient. If you have any ideas on how to structure this better please contact me with your ideas. Thank you.


Possession With Intent...

Thomas v. State, 61 So.3d 1157 (Fla. 1st DCA 2011): Affirming the conviction for selling contraband within 1000 feet of a proscribed place and possession with intent to sell within 1000 feet of a proscribed place.

Teague v. State, 26 So.3d 616 (Fla. 1st DCA 2009): This case affirmed based on an insufficient 3.800 filing by the defendant. However, good points are made regarding separate conduct for purposes of double jeopardy.

Gracey v. State, 23 So.3d 855 (Fla. 1st DCA 2009): Court finds that possession with intent to sell and possession of same amount of cannabis violate double jeopardy. Very short and lacks reasoning.

Thompson v. State, 979 So.2d 356 (Fla. 5th DCA 2008): Possession charged is subsumed by the possession with intent charge. Open plea to all counts does not waive subsequent challenge of double jeopardy issues.

Crites v. State, 959 So.2d 1265 (Fla. 5th DCA 2007): Possession with intent to sell and possession of the same drug violates double jeopardy. Double jeopardy claims (not specifically waived) raise fundamental error issues and can be raised initially on appeal. Joint stipulation to waive minimum mandatory sentence does equate to a plea bargain.

Possession of Controlled Substance

Wiggins v. State, 967 So.2d 417 (Fla. 1st DCA 2007): Defendant was found guilty of two counts of possession of cocaine he was parcelling out and selling (in smaller quantities). Court reversed one possession count reasoning that the possession was a single act.

Plea Bargaining

Rodriguez v. State, 958 So.2d 469 (Fla. 2d DCA 2007): Defendant entered plea to possession with intent to sell and possession of same cannabis. Court reverses possession conviction. Good case on the difference between a plea bargain and a plea agreement and when a defendant can seek relief from his plea.

Trafficking

Fleurimond v. State, 10 So.3d 1140 (Fla. 3d DCA 2009): Long case with many issues. Court found that convictions on two counts for trafficking in same cotrolled substance (being sold and found in different locations) violated double jeopardy as did being found guilty of trafficking and possessing same drug.

Laurore v. State, 3 So.3d 1286 (Fla. 3d DCA 2009): Possession charge is subsumed under the trafficking charge for the same controlled substance. See the case also for Plea Bargaining where court uses agreement and bargain interchangeably.

Romain v. State, 973 So.2d 1252 (Fla. 5th DCA 2008): Court finds that double jeopardy attaches when defendant sentenced for both possessing and trafficking in cocaine. Cocaine was found in defendant's possession packaged separately in both powder and crack forms.

Introduction Controlled Substance Into Detention Facility

Griffin v. State, 69 So.3d 344 (Fla. 4th DCA 2011): Where information charges introduction or possession within a detention facility, the charge subsumes the underlying possession charges.

Bryant v. State, 963 So.2d 930 (Fla. 5th DCA 2007); 32 Fla. L. Weekly D2088d (Fla. 5th DCA, Aug 31, 2007): Introduction of two different drugs into a detention facility constitutes one offense.



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