Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Marcos CHARNECO, Appellant, v. STATE of Florida, Appellee.
Marcos Charneco challenges his conviction for possession of heroin on double jeopardy grounds because his arrest for possession of heroin also resulted in his conviction for trafficking in heroin, based on possession of a trafficking amount. The State properly concedes error. Accordingly, we reverse Charneco's conviction and sentence for possession of heroin contained in count three of his judgment and sentence.
At the outset we observe that, despite his entry of a guilty plea, Charneco is entitled to raise this claim because the double jeopardy violation is apparent from the record, Charneco entered an open plea, and he did not waive the issue. See Novaton v. State, 634 So.2d 607, 609 (Fla.1994); Williamson v. State, 859 So.2d 553 (Fla. 1st DCA 2003).
Charneco was arrested after officers discovered 12.6 grams of heroin in his apartment and three grams of heroin on his person. The offense of possession of heroin must be reversed because one cannot be convicted of the offense of trafficking by possession and the offense of possession of the same type of drugs where the drugs in question were found in different locations during one arrest. See Howard v. State, 916 So.2d 824 (Fla. 2d DCA 2005); see also Gibbs v. State, 698 So.2d 1206 (Fla.1997); Sims v. State, 793 So.2d 1153 (Fla. 4th DCA 2001).
We therefore reverse Charneco's conviction and sentence for possession of heroin contained in count three of the judgment and sentence; we otherwise affirm.
Affirmed in part; reversed in part.
DAVIS, Judge.
FULMER, C.J., and STRINGER, J., Concur.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: No. 2D04-5098.
Decided: December 30, 2005
Court: District Court of Appeal of Florida,Second District.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)