The Fourth DCA reversed three of the defendant’s drug convictions on double jeopardy grounds, holding that simple possession is subsumed by possession with intent to sell, and that identically-charged trafficking counts for the same date violate the prohibition against multiple punishments for the same offense.
The Sixth District rejected a duress defense in a major fentanyl trafficking prosecution, holding the defendant’s voluntary long-term participation in the drug enterprise precluded the defense as a matter of law.
The Eighth District reversed the dismissal of a felony OVI enhancement, holding that the defendant failed to make a prima facie showing that a prior uncounseled conviction was constitutionally infirm where signed written waivers documented a knowing waiver of counsel.
The First District affirmed an OVI conviction, holding that probable cause to arrest does not require completed standardized field sobriety tests when the totality of officer observations supports impairment.