No. 98-936 | Fla. Dist. Ct. App. | Dec 31, 1998
There is no double jeopardy violation when a defendant is convicted of the crime of delivery of a controlled substance and possession with intent to sell the same substance, because each crime contains an element that the other does not. Sec. 775.021(4)(a), Fla. Stat. (1997); State v. McCloud, 577 So. 2d 939" date_filed="1991-02-28" court="Fla." case_name="State v. McCloud">577 So.2d 939 (Fla.1991). Cf. Paccione v. State, 698 So. 2d 252" date_filed="1997-08-21" court="Fla." case_name="Paccione v. State">698 So.2d 252 (Fla.1997).
AFFIRMED.