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Double Jeopardy

Posted by John 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 Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-three years. Prior to practicing law Mr. Rutkowski served twelve years as a deputy sheriff, retiring to attend law school. Starting his law-enforcement career as a patrol deputy which included two years on the DUI squad; Mr. Rutkowski moved up the ranks becoming a corporal in the field training program which give him the responsibility for training new recruits.


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