ROOSEVELT SMITH, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
SHARP, Judge.
Smith appeals his dual convictions and sentences for sale or delivery of cocaine,1 and possession of the same cocaine.2 The crimes were committed prior to the effective date of the amendment to section 775.-21(4), Florida Statutes (Supp.1988). Therefore, both convictions cannot be upheld. State v. Burton, 555 So. 2d 1210 (Fla.1989), Carawan v. State, 515 So. 2d 161 (Fla.1987); Garrison v. State, 530 So. 2d 365 (Fla. 5th DCA 1988).
Accordingly, the lesser crime conviction is quashed, and the conviction for sale of cocaine is affirmed. State v. Barton, 523 So. 2d 152 (Fla.1988). Because Smith’s scoresheet will not be altered by this reversal, since he will remain in the “any non-state prison sanction” bracket, we also affirm his sentence of five years probation for the sale offenses.
AFFIRMED in part; REVERSED in part.
COBB and GOSHORN, JJ., concur. . Section 893.13(l)(a)l., Florida Statutes (1987); a second degree felony.
. Section 893.13(l)(f), Florida Statutes (1987), a third degree felony.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
-
Aspen v. Bayless, 564 So. 2d 1081 (Fla. 1990)…McDONALD, Justice. We have for review Aspen v. Bayless, 552 So. 2d 298 (Fla. 2d DCA 1989), and Hough v. Huffman, 555 So. 2d 942 (Fla. 5th DCA 1990). In Aspen the second district certified the following question as being of great public importance: Can a nonparty recover costs it has incurred on behalf of a named party under the rule and statutes regarding offers of judgment…
-
Rondoe Marie Williams v. Jeannine O. Brochu, 578 So. 2d 491 (Fla. 5th DCA 1991)…r Judgment and Offers of Settlement: Who's on First, 62 Fla.B.J. 10 (March 1988) and Distasio, Offers of Judgment: The Confusion Continues, 64 Fla.B.J. 20 (December 1990). . Aspen v. Bayless, 564 So. 2d 1081 (Fla.1990), approving, Hough v. Huffman, 555 So. 2d 942 (Fla. 5th DCA 1990) (and disapproving the cases relied upon by the plaintiff: Aspen v. Bayless, 552 So. 2d 298 (Fla. 2d DCA 1989); Turner v. D.N.E., Inc., 547 So. 2d 1245 (Fla. 4th DCA 1989); and City of Boca Raton v. Boca Villas Corp., 372 So. 2d 4…
-
Hazen v. Allstate Ins. Co., 952 So. 2d 531 (Fla. 2d DCA 2007)…895 So. 2d at 1138; see also Merchs. & Businessmen’s Mut. Ins. Co. v. Bennis, 636 So. 2d 593, 594 (Fla. 4th DCA 1994) (“Public policy against disclosure of insurance coverage to the jury underlies the non-joinder statute.”); [*543] Hough v. Huffman, 555 So. 2d 942, 944 (Fla. 5th DCA 1990) (stating that “the reason for [the nonjoinder statute] was to prevent undue prejudice to insurance companies, and to avoid ‘deep-pocket’ jury verdicts”). Contrary to the majority’s suggestion, the purpose or intent which the…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dion Michael Carawan v. State, 515 So. 2d 161 (Fla. 1987)
- State v. Barton, 523 So. 2d 152 (Fla. 1988)
- Serpa v. State, 555 So. 2d 1210 (Fla. 1989)
- State v. Burton, 555 So. 2d 1210 (Fla. 1989)
- Garrison v. State, 530 So. 2d 365 (Fla. 5th DCA 1988)