MARVIN TUCKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1992-11-06
No. 91-03058
RYDER, A.C.J., HALL and THREADGILL, JJ., concur.
608 So. 2d 122 Florida District Court of Appeal, Second District (1992) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Marvin Tucker was convicted of possession of cocaine, possession of cocaine with intent to deliver within 1000 feet of a school and obstructing an officer with violence.1 We reverse the conviction for possession of cocaine on double jeopardy grounds. Keene v. State, 600 So. 2d 513 (Fla. 2d DCA 1992).

We affirm the remaining convictions as well as the habitual offender sentence imposed. See Baxter v. State, 599 So. 2d 721 (Fla.1992).

RYDER, A.C.J., HALL and THREADGILL, JJ., concur. . §§ 893.13(l)(f), 893.13(l)(e), 843.01, Fla.Stat. (1989).


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  • Watson Grene v. State, 702 So. 2d 510 (Fla. 3d DCA 1996)
    …A 1996); Houser v. [*511] State, 666 So. 2d 158 (Fla. 5th DCA 1995); Palmer v. State, 664 So. 2d 1162 (Fla. 5th DCA 1995); Jackson v. State, 651 So. 2d 242 (Fla. 5th DCA 1995); Perez v. State, 647 So. 2d 1007 (Fla. 3d DCA 1994); cf. Tucker v. State, 608 So. 2d 122 (Fla. 2d DCA 1992), aff'd on other grounds, 620 So. 2d 1241 (Fla.1993). Accordingly, appellant’s sentence for possession of a controlled substance is vacated and his enhanced sentence for possession with intent to sell is remanded for resentenc-ing…
  • Tucker v. State, 620 So. 2d 1241 (Fla. 1993)
    …PER CURIAM. We review Tucker v. State, 608 So. 2d 122 (Fla. 2d DCA 1992), on the ground of conflict of decisions. Art. V, § 3(b)(3), Fla. Const. The district court’s decision affirming petitioner’s habitual offender sentence is approved on the authority of State v. Rucker, 613 So. 2d 460 (Fla.1993).…
  • Graham v. State, 820 So. 2d 1092 (Fla. 3d DCA 2002)
    …mes of possession of cocaine within one thousand feet of a school and possession of cocaine based on his possession of multiple quantities of cocaine at the same time and place. See Grene v. State, 702 So. 2d 510 (Fla. 3d DCA 1997); Tucker v. State, 608 So. 2d 122 (Fla. 2d DCA 1992). Accordingly, we reverse the defendant’s conviction and sentence on the charge of possession of cocaine with intent to sell and remand for discharge on that count.1 Reversed and remanded with instructions. . The State conced…

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