
    Danny HUEY, Appellant, v. STATE of Florida, Appellee.
    No. 98-936.
    District Court of Appeal of Florida, Fifth District.
    Dec. 31, 1998.
    James B. Gibson, Public Defender, and Leonard R. Ross, Assistant Public Defender, Daytona Beach, for Appellant.
    Robert A. Butterworth, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.
   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.  