C.L.C. v. State, 868 So. 2d 685 (Fla. 5th DCA 2004). · Go Syfert
C.L.C. v. State, 868 So. 2d 685 (Fla. 5th DCA 2004). Cases Citing This Book View Copy Cite
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Strongest positive: Crites v. State (fladistctapp, 2007-07-06)
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cited Cited "see" Crites v. State
Fla. Dist. Ct. App. · 2007 · signal: accord · confidence high
Accord C.L.C. v. State, 868 So.2d 685 (Fla. 5th DCA 2004). *1267 The same principle applies to the charges at issue in this case.
Retrieving the full opinion text from the archive…
C.L.C., A Child
v.
STATE of Florida
No. 5D03-2613.
District Court of Appeal of Florida, Fifth District.
Apr 2, 2004.
868 So. 2d 685
James B. Gibson, Public Defender, and Rosemarie Farrell, Assistant Public Defender, Daytona Beach, for Appellant., Charles J. Crist, Jr., Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.
Monaco, Sharp, Thompson.
Cited by 1 opinion  |  Published
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 con[*686] currently 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.