ALBERT W. TRESVANT, SR., APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in denying the motion to dismiss the conspiracy count, reversing the conviction on that charge.
The appellant was convicted by a jury on charges of conspiracy to commit a felony (bribery), bribery, and unauthorized compensation for official behav…
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BARKDULL, Judge.
Albert W. Tresvant, Sr. takes this appeal from a judgment of conviction, entered pursuant to a jury verdict on the charges of I. Conspiracy to commit a felony (bribery); II. Bribery; III. Unauthorized compensation for official behavior. Tresvant was charged, by indictment, with conspiracy to commit a felony, bribery, and unauthorized compensation for official behavior. He pleaded not guilty and moved to dismiss each count of the indictment. His motions to dismiss were denied, and he was subsequently tried before a jury.
The trial court erred in denying the motion to dismiss as to the conspiracy count. See: Goldberg v. State, 351 So. 2d 332 (Fla. 1977), and this court’s opinion in State v. Giardino, 363 So. 2d 201 (Fla.3d DCA 1978) relating to the same indictment.
On the other point on appeal, we defer ruling until the transcript of the testimony is forwarded to us for review.
Therefore, the conviction under Count I (conspiracy to commit a felony, to wit: bribery) be and it is hereby reversed and set aside with instructions to discharge the defendant from this charge. The appellant, through his counsel, shall file a copy of the trial transcript with this court no later than May 10,1979, pursuant to Florida Appellate Rule 9.200(f)(2).
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Citator
Cited By
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Tresvant v. State, 396 So. 2d 733 (Fla. 3d DCA 1981)…ng, sub silentio, that the dismissal of the conspiracy count did not compel reversal of the substantive counts, we deferred ruling on the admissibility of the co-conspirator hearsay pending the filing of the trial transcript.3 See Tresvant v. State, 370 So. 2d 89 (Fla. 3d DCA 1979) (Tresvant II). There ensued a considerable delay in the preparation and filing of the trial transcript. In the spring of 1980, the transcript was filed and the case was ready for argument on the issue left open. By then, however,…
Authorities Cited
- Mrs. Stanley (Joyce) Goldberg v. State, 351 So. 2d 332 (Fla. 1977)
- State v. Candido Giardino, 363 So. 2d 201 (Fla. 3d DCA 1978)