JIMMIE DURAN HATTEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JIMMIE DURAN HATTEN, APPELLANT,
STATE OF FLORIDA, APPELLEE
542 So. 2d 1061
Florida District Court of Appeal, Second District (1989)
Positive Treatment
Cited by 16 cases
Opinion of the Court
PER CURIAM.
Appellant Jimmie Hatten was convicted of both sale and possession of cocaine as the result of a single drug transaction involving a single, undivided quantity of cocaine. Accordingly, the judgment and sentence for possession of cocaine should be set aside. Gordon v. State, 528 So. 2d 910 (Fla. 2d DCA 1988); Blanca v. State, 532 So. 2d 1327 (Fla. 3d DCA 1988). The judgment and sentence for sale of cocaine are affirmed.
Affirmed in part, reversed in part, and remanded with instructions.
RYDER, A.C.J., and LEHAN and PATTERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Vidal v. State, 578 So. 2d 292 (Fla. 3d DCA 1991)…49 So. 2d 649 (Fla.1989); Mendyk v. State, 545 So. 2d 846, 849-850 (Fla.), cert. denied, — U.S. —, 110 S.Ct. 520, 107 L.Ed.2d 521 (1989); Buford v. State, 492 So. 2d 355, 359 (Fla.1986); State v. DiGuilio, 491 So. 2d 1129 (Fla.1986); Nunez v. State, 542 So. 2d 1061 (Fla. 3d DCA 1989); Meadows v. State, 534 So. 2d 1233 (Fla. 4th DCA 1988); Spivey v. State, 533 So. 2d 306 (Fla. 1st DCA 1988); Beltran v. State, 530 So. 2d 1045 (Fla. 3d DCA 1988), approved, 566 So. 2d 792 (Fla.1990); Lazarowicz v. State, 561 So. 2…
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State v. Hatten, 560 So. 2d 1172 (Fla. 1990)…BARKETT, Justice. We have for review Hatten v. State, 542 So. 2d 1061 (Fla. 2d DCA 1989), due to asserted conflict with Smith v. State, 430 So. 2d 448 (Fla.1983). We grant review pursuant to article V, section 3(b)(3) of the Florida Constitution, and approve the decision of the district court for the reasons stated in…
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ST. Clair v. State, 575 So. 2d 243 (Fla. 2d DCA 1991)…irect conflict with 83-Smith. Hatten, like Burton, was based on Gordon because of impermissible dual convictions of sale and possession of a single quantity in a single act. In its opinion the supreme court said: We have for review Hatten v. State, 542 So. 2d 1061 (Fla. 2d DCA 1989), due to asserted conflict with Smith v. State, 430 So. 2d 448 (Fla.1983). We grant review pursuant to article V, section 3(b)(3) of the Florida Constitution, and approve the decision of the district court for the reasons stated in…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gordon v. State, 528 So. 2d 910 (Fla. 2d DCA 1988)
- Garcia v. State, 532 So. 2d 1327 (Fla. 3d DCA 1988)
- Melquiades Blanca v. State, 532 So. 2d 1327 (Fla. 3d DCA 1988)