REGINALD EUGENE ROBERTS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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DANIEL, Chief Judge.
Defendant, Reginald Roberts, appeals from the judgments and sentences imposed by the trial court after a jury found him guilty of committing the offenses of possession of cocaine, in violation of section 893.13(1)(f), Florida Statutes (1987), and sale or delivery of cocaine, in violation of section 893.13(1)(a)(1), Florida Statutes (1987). Defendant contends that it was improper for the trial court to impose judgment and sentence on both convictions because the convictions were predicated upon a single criminal act, the sale of one rock of cocaine to an undercover police officer. The state properly concedes error. See Carawan v. State, 515 So. 2d 161 (Fla.1987).1 See also McKinney v. State, 553 So. 2d 796 (Fla. 5th DCA 1989); Hamilton v. State, 552 So. 2d 1186 (Fla. 5th DCA 1989). Accordingly, we vacate the judgment and sentence imposed on the possession charge and remand this cause to the trial court for resentencing.
AFFIRMED in part; REVERSED in part; REMANDED.
DAUKSCH and GRIFFIN, JJ., concur. . The offenses involved occurred prior to July 1, 1988, the effective date of chapter 88-131, section 7, Laws of Florida. See State v. Smith, 547 So. 2d 613 (Fla.1989).
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Davis v. State, 560 So. 2d 1231 (Fla. 5th DCA 1990)…ion is not a lesser included offense of sale or delivery of cocaine. We acknowledge conflict with V.A.A. v. State, 561 So. 2d 314 (Fla. 2d DCA 1990) AFFIRMED. PETERSON, J., concurs. COWART, J., dissents with opinion. . Neither Roberts v. State, 557 So. 2d 685 (Fla. 5th DCA 1990) nor McKinney v. State, 559 So. 2d 621 (Fla. 3d DCA 1990) are applicable to this case because those offenses occurred prior to the effective date of the amendment to section 775.021(4) Florida Statutes. . Fifth Amendment, United…
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Johnson v. State, 602 So. 2d 1288 (Fla. 1992)…e taken when she came down); Gelsey v. State, 565 So. 2d 876 (Fla. 5th DCA 1990) (defendant’s conviction for delivery of a controlled substance affirmed where he met with officers and exchanged crack and cash for powdered cocaine); Roberts v. State, 557 So. 2d 685 (Fla. 5th DCA 1990) (defendant’s conviction for delivery of cocaine affirmed where he sold one rock of cocaine to undercover officer); Willingham v. State, 541 So. 2d 1240 (Fla. 2d DCA), rev. denied, 548 So. 2d 663 (Fla.1989) (delivery of cocaine co…
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Johnson v. State, 578 So. 2d 419 (Fla. 5th DCA 1991)…e taken when she came down); Gelsey v. State, 565 So. 2d 876 (Fla. 5th DCA 1990) (defendant’s conviction for delivery of a controlled substance affirmed where he met with officers and exchanged crack and cash for powdered cocaine); Roberts v. State, 557 So. 2d 685 (Fla. 5th DCA 1990) (defendant’s conviction for delivery of cocaine affirmed where he sold one rock of cocaine to undercover officer); Willingham v. State, 541 So. 2d 1240 (Fla. 2d DCA), rev. denied, 548 So. 2d 663 (Fla.1989) (delivery of cocaine co…
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- Dion Michael Carawan v. State, 515 So. 2d 161 (Fla. 1987)
- State v. Smith, 547 So. 2d 613 (Fla. 1989)
- McKINNEY v. State, 553 So. 2d 796 (Fla. 5th DCA 1989)
- Hamilton v. State, 552 So. 2d 1186 (Fla. 5th DCA 1989)