Reyes v. State
The Sixth DCA granted Reyes's habeas petition alleging ineffective assistance of appellate counsel, finding that counsel was deficient for failing to raise a double jeopardy challenge to convictions for both simple possession of cocaine and trafficking in cocaine (28 grams or more) arising from the same conduct. The court ordered a belated appeal limited to the double jeopardy issue, directing briefing on the alternative-conduct analysis from Roughton v. State and Driver v. State.
Key facts
- Reyes was convicted in the trial court of both simple possession of cocaine and trafficking in cocaine (28 grams or more) based on the same conduct and quantity of drugs.
- Reyes filed a habeas petition alleging that his appellate counsel was ineffective for failing to raise a double jeopardy challenge to the dual convictions.
- +2 more key facts with a free trial
Why it matters
This opinion is useful to practitioners handling dual drug convictions (possession plus trafficking of the same substance/quantity) because it confirms that failure to raise a Roughton/Driver-style double jeopardy… — full analysis with a trial
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