GUY PHILLIP DIGRAZIA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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ALTENBERND, Judge.
Mr. DiGrazia appeals his convictions for both sale and possession of cocaine. We affirm his convictions for sale of cocaine and also affirm certain conditions of probation challenged on appeal. We reverse his conviction for possession of cocaine.
The complaint affidavit filed in this case describes a single substance of cocaine for both charges. Mr. DiGrazia initially entered a plea agreement to plead guilty to both counts. Thereafter, the supreme court decided Carawan v. State, 515 So. 2d 161 (Fla.1987). At the sentencing hearing, defense counsel represented that only one quantity of drug was involved in the transaction and moved the trial court to dismiss one of the charges. The state did not attempt to prove that two quantities of cocaine were involved. Consequently, we must reverse his conviction for possession and remand this case for resentencing. Gordon v. State, 528 So. 2d 910 (Fla. 2d DCA 1988), approved sub nom. State v. Smith, 547 So. 2d 613 (Fla.1989).
Affirmed in part, reversed and remanded in part.
SCHOONOVER, A.C.J., and THREADGILL, J., concur.
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Citator
Cited By
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V.D.B. v. State, 556 So. 2d 484 (Fla. 2d DCA 1990)…, and each case involved a different controlled substance. Apparently, the only similarity is that each defendant filed a motion to dismiss raising like grounds under double jeopardy principles. We have not overlooked the case of DiGrazia v. State, 551 So. 2d 591 (Fla. 2d DCA 1989). That case held that when a defendant raises a double jeopardy argument by representing that only one quantity of a drug was involved in a single act2 which underlies both a sale and possession charge, then the state has the burde…
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Thad F. Bissonette v. State, 553 So. 2d 1374 (Fla. 2d DCA 1989)…mitted a single act of selling cocaine to an undercover officer. The state, furthermore, has failed to produce any evidence disputing the appellant’s representation that the sale and possession charges arose from a single act. See DiGrazia v. State, 551 So. 2d 591 (Fla.2d DCA 1989). Since each possession charge arose out of the single act of a sale of the same quantity of cocaine, the possession convictions must be stricken. Gordon v. State, 528 So. 2d 910 (Fla.2d DCA 1988), approved sub nom. State v. Smith,…
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Richards v. State, 554 So. 2d 27 (Fla. 2d DCA 1989)…twelve months’ probation, with the special condition that she spend sixty days in the county jail, and assessed costs. The trial court erred in failing to grant appellant’s motion to dismiss the possession of cocaine charge. See DiGrazia v. State, 551 So. 2d 591 (Fla. 2d DCA 1989). Accordingly, that charge must be vacated. It was also error to impose costs without notice and a hearing. Wood v. State, 544 So. 2d 1004, 1006 (Fla.1989); Jenkins v. State, 444 So. 2d 947 (Fla.1984). Therefore, the cost assessmen…
Authorities Cited
- Dion Michael Carawan v. State, 515 So. 2d 161 (Fla. 1987)
- State v. Smith, 547 So. 2d 613 (Fla. 1989)
- Gordon v. State, 528 So. 2d 910 (Fla. 2d DCA 1988)