BEN SMITH, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE; TYRONE BYRD, APPELLANT, V. STATE OF FLORIDA, APPELLEE; EDWARDO CIANNELLI TAYLOR, APPELLANT, V. STATE OF FLORIDA, APPELLEE; TERRY JOE JACKSON, APPELLANT, V. STATE OF FLORIDA, APPELLEE; JIMMY LEE CARTER, APPELLANT, V. STATE OF FLORIDA, APPELLEE; TERRY LEON TAYLOR, APPELLANT, V. STATE OF FLORIDA, APPELLEE; DONALD LEROY ANDERSON, APPELLANT, V. STATE OF FLORIDA, APPELLEE; IVAN GARRISON GRIFFIN, APPELLANT, V. STATE OF FLORIDA, APPELLEE; JAMES WIGGINS, APPELLANT, V. STATE OF FLORIDA, APPELLEE
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Reversed in part and remanded with instructions to vacate appellants’ convictions and sentences for possession of cocaine with intent to sell. Under the facts of this case we do not believe the appellants could properly be convicted and sentenced for both the sale and possession with intent to sell of the same cocaine sold to undercover police agents in street transactions videotaped by other police officials. See Fletcher v. State, 428 So. 2d 667 (Fla. 1st DCA 1982), rev. denied, 430 So. 2d 452 (Fla.1983), and Carawan v. State, 515 So. 2d 161 (Fla.1987). We acknowledge that the Fletcher decision and our holding herein are in direct conflict with the holding in Dukes v. State, 464 So. 2d 582 (Fla. 2d DCA 1985), so that the parties may have this issue resolved by the Florida Supreme Court.
ANSTEAD, DELL and STONE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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State v. Smith, 547 So. 2d 613 (Fla. 1989)…PER CURIAM. We review Gordon v. State, 528 So. 2d 910 (Fla. 2d DCA 1988), and Smith v. State, 524 So. 2d 461 (Fla. 4th DCA 1988), to answer a certified question of great public importance and to resolve direct and express conflict with decisions of this Court. We have jurisdiction. Art. V, § 3(b)(3) and (4), Fla. Const. The issue presented is whether the…
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Gordon v. State, 528 So. 2d 910 (Fla. 2d DCA 1988)…of possession-with-intent-to-sell. Two of our sister courts have reached this same conclusion. Fletcher v. State, 428 So. 2d 667 (Fla. 1st DCA 1982), petition for review denied, 430 So. 2d 452 (Fla.1983) (a pre-Carawan decision), and Smith v. State, 524 So. 2d 461 (Fla. 4th DCA 1988), (a post-Carawan decision). The fourth district in Smith has acknowledged conflict on this question with our own pre-Carawan opinion in Dukes v. State, 464 So. 2d 582 (Fla. 2d DCA 1985). To the extent Dukes conflicts with Cara-w…
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Wheeler v. State, 549 So. 2d 687 (Fla. 1st DCA 1989)…ourth and Second District Courts of Appeal have also recently addressed the issue of whether a defendant can be convicted and sentenced for both sale of a controlled substance and possession with intent to sell the same substance. In Smith v. State, 524 So. 2d 461 (Fla. 4th DCA 1988), approved, State v. Smith, 547 So. 2d 613 (Fla.1989), the court held that multiple punishment was impermissible, relying on Fletcher and Carawan, and acknowledging conflict with the Second District Court of Appeal’s opinion in Du…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dion Michael Carawan v. State, 515 So. 2d 161 (Fla. 1987)
- Dukes v. State, 464 So. 2d 582 (Fla. 2d DCA 1985)
- Fletcher v. State, 428 So. 2d 667 (Fla. 1st DCA 1982)