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Double Jeopardy

Posted by John P. Rutkowski | Mar 15, 2019 | 0 Comments

Criminal law -- Double jeopardy -- Dual convictions under section 893.13(1)(a)(1) for selling a mixture of heroin and fentanyl do not violate double jeopardy. Each type of controlled substance prohibited by 893.13(1)(a)(1) constitutes an allowable unit of prosecution for that statute. Statutory language and context indicates that the legislature intended the sale of each type of controlled substance to be a separate crime,

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John P. Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-five years. Prior to going to law school Mr. Rutkowski served as a deputy sheriff before retiring to attend law school. Upon graduating law school Mr. Rutkowski served as a prosecutor in Florida before going in to private practice and representing clients in three states.


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John P. Rutkowski, Attorney at Law, firm represents clients in the area of driving under the influence, boating under the influence, Criminal & Civil Traffic Offenses. Contact me today for a free telephone consultation.