GUILLERMO GOIZUETA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
GUILLERMO GOIZUETA, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
507 So. 2d 1196
Florida District Court of Appeal, Third District (1987)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
As in Velunza v. State, 504 So. 2d 780 (Fla. 3d DCA 1987), we conclude that the evidence of the appellant’s participation in an attempted sale of cocaine to undercover police supports his conviction of trafficking; because there is no proof of a formal or implied agreement to commit the offense, however, his conviction of conspiracy to traffic must be reversed.
There is no merit in the claim that the state’s failure to produce the confidential informant requires a new trial. See State v. Gutierrez, 502 So. 2d 481 (Fla. 3d DCA 1987). The remaining points are entirely meritless.
Affirmed in part, reversed in part.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Newton v. Overseas Private Inv. Corp., 544 So. 2d 224 (Fla. 3d DCA 1989)…defenses and the mov-ant-plaintiff does not by affidavit disprove the defenses, or does not establish the legal insufficiency of the defenses, it is fundamental error to enter a summary judgment for the plaintiff. Mathews v. Dime Sav. Bank of N.Y., 507 So. 2d 1196 (Fla. 3d DCA 1987); O’Neal v. Brady, 476 So. 2d 294 (Fla. 3d DCA 1985); Harrison v. McCourtney, 148 So. 2d 53 (Fla. 2d DCA 1962). For that reason the summary judgment for OPIC must be reversed. We affirm the order limiting Newton’s recovery against…
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Edmundo Luna v. Total Mortg., Ltd., 533 So. 2d 900 (Fla. 3d DCA 1988)…y, genuine issues of material fact remain unresolved. Consequently, the trial court erred in entering final summary judgment. See First Nat ’l Entertainment Corp. v. Brumlik, 531 So. 2d 403 (Fla. 5th DCA 1988); Mathews v. Dime Sav. Bank of New York, 507 So. 2d 1196 (Fla. 3d DCA 1987); Aroll v. ITT Commercial Fin. Corp., 496 So. 2d 1011 (Fla. 3d DCA 1986); O’Neal v. Brady, 476 So. 2d 294 (Fla. 3d DCA 1985). REVERSED AND REMANDED.…
Authorities Cited
- Mariano E. Velunza v. State, 504 So. 2d 780 (Fla. 3d DCA 1987)
- Cole v. Dep't of Prof'l Reg., 502 So. 2d 481 (Fla. 1st DCA 1987)