George A. Westerman, III 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 GEORGE A. WESTERMAN, III, Appellant, v. Case No. 5D14-3785 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed October 9, 2015 Appeal from the Circuit Court for Lake County, Mark A. Nacke, Judge. James S. Purdy, Public Defender, and Robert E. Wildridge, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. George A. Westerman, III (the defendant), appeals his judgment and sentences, asserting that his convictions for possession of methamphetamine1 and trafficking in methamphetamine by possessing more than twenty-eight grams thereof2 violated his 1 2 § 893.13(6)(a), Fla. Stat. (2014). § 893.135(1)(f), Fla. Stat. (2014). double jeopardy rights. The State properly concedes error. See Gibbs v. State, 698 So. 2d 1206 (Fla. 1997) (holding that double jeopardy is violated if trafficking conviction is based upon possession of the same drugs which formed the basis of the simple possession conviction). See also Graves v. State, 95 So. 3d 1033 (Fla. 5th DCA 2012). Accordingly, we reverse the defendant’s judgment and sentence on the possession conviction, and remand for further proceedings consistent with this opinion. REVERSED and REMANDED. LAWSON, C.J., PALMER and BERGER, JJ., concur. 2

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