MIRASSAINT ORILLIEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
In this appeal, appellee, State of Florida, concedes that appellant, Mirassaint Oril-lien, was improperly convicted for both trafficking in cocaine and possession of cocaine with intent to sell where both charges arose from a single act of possession. Carawan v. State, 515 So. 2d 161 (Fla.1987). We, therefore, affirm the conviction and sentence for trafficking in cocaine and reverse the conviction and sentence for possession of cocaine with intent to sell and remand with instructions that the conviction and sentence for the possession charge be vacated.
The state likewise concedes that it was error to impose upon appellant community service in lieu of court costs. Houston v. State, 546 So. 2d 802 (Fla. 4th DCA 1989). Upon remand, the imposition of community service shall be stricken.
We find no merit in the other issues raised by appellant and, therefore, affirm the conviction and sentence for trafficking in cocaine.
Affirmed in part and reversed in part.
SCHOONOVER, C.J., and CAMPBELL and HALL, JJ., concur.
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Baxter v. State, 586 So. 2d 1196 (Fla. 2d DCA 1991)…ishing a greater or second offense. See Johnson v. State, 569 So. 2d 872 (Fla. 2d DCA), review denied, 581 So. 2d 167 (Fla.1990) (confession alone cannot increase possession of cocaine to possession with the intent to sell); see also Smith v. State, 566 So. 2d 590 (Fla. 2d DCA 1990) (although burglary had been proven, confession alone cannot support additional crime of dealing in stolen property). Thus, we hold that in order to establish the corpus delicti of conspiracy, the state must present substantial evi…
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C.W. v. State, 778 So. 2d 358 (Fla. 2d DCA 2001)…harge arose from C.W.’s confession that he took the ice cream bar from the freezer and ate it. “Before a defendant’s confession is admissible the state must prove with substantial evidence the corpus delicti of the offense charged.” Smith v. State, 566 So. 2d 590, 591 (Fla. 2d DCA 1990) (affirming convictions for burglary and grand theft, but vacating conviction for dealing in stolen property). The State may prove the corpus delicti with direct or circumstantial evidence, and it is sufficient if the evidence…
Authorities Cited
- Dion Michael Carawan v. State, 515 So. 2d 161 (Fla. 1987)
- Walker v. State, 546 So. 2d 802 (Fla. 4th DCA 1989)