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Jenkins v. State

District Court of Appeal of Florida, Second District
Dec 21, 1988
535 So. 2d 352 (Fla. Dist. Ct. App. 1988)

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.


Summaries of

Jenkins v. State

District Court of Appeal of Florida, Second District
Dec 21, 1988
535 So. 2d 352 (Fla. Dist. Ct. App. 1988)
Case details for

Jenkins v. State

Case Details

Full title:WILLIE JENKINS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Dec 21, 1988

Citations

535 So. 2d 352 (Fla. Dist. Ct. App. 1988)