Huey v. State (722 So. 2d 286, 1998)

PER CURIAM.

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 (Fla.1991). Cf. Paccione v. State, 698 So.2d 252 (Fla.1997).

AFFIRMED.

GRIFFIN, C.J., ANTOON, J., and ORFINGER, M., Senior Judge, concur.