Samuel Fulton v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED SAMUEL FULTON, Appellant, v. Case Nos. 5D13-2279; 5D132280; 5D13-2286; 5D13-2287; & 5D13-2288 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed July 3, 2014. Appeal from the Circuit Court for Brevard County, Charles J. Roberts, Judge. James S. Purdy, Public Defender, and Kathryn Rollison Radtke, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Marjorie Vincent-Tripp, Assistant Attorney General, Daytona Beach, for Appellee. WALLIS, J. Appellant, Samuel Fulton, appeals his convictions for possession of cocaine and possession of cocaine with intent to sell. The State concedes error and acknowledges that Fulton's convictions violate his right against double jeopardy because both crimes arose out of a single criminal episode. See Paccione v. State, 698 So. 2d 252, 254 (Fla. 1997). Accordingly, we vacate Appellant s conviction and sentence for simple possession of cocaine and affirm his judgment and sentence in all other respects. See Ford v. State, 749 So. 2d 570 (Fla. 5th DCA 2000). AFFIRMED in part; REVERSED in part. EVANDER and COHEN, JJ., concur. 2

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