CHRISTOPHER L. BOWEN, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. | 2000-01-06
No. SC96357
HARDING, C.J., and SHAW, WELLS, ANSTEAD, LEWIS and QUINCE, JJ., concur.
752 So. 2d 559 Florida Supreme Court (2000) Positive Treatment
Cited by 2 cases

Opinion of the Court
PARIENTE, J.

PARIENTE, J.

We have for review the opinion in State v. Bowen, 736 So. 2d 1283 (Fla. 4th DCA 1999), which certified conflict with the opinions in State v. Holland, 689 So. 2d 1268 (Fla. 1st DCA 1997), and State v. Perry, 716 So. 2d 327 (Fla. 2d DCA 1998). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the reasons expressed in our opinion in Hayes v. State, 750 So. 2d 1 (Fla.1999), the decision of the Fourth District is hereby quashed. We remand to the district court for proceedings consistent with this opinion.

It is so ordered.

HARDING, C.J., and SHAW, WELLS, ANSTEAD, LEWIS and QUINCE, JJ., concur.


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  • COX v. State, 764 So. 2d 711 (Fla. 1st DCA 2000)
    …Hall v. State, 614 So. 2d 473, 476 (Fla.), cert. denied, 510 U.S. 834, 114 S.Ct. 109, 126 L.Ed.2d 74 (D.Fla.1993); Parker v. State, 456 So. 2d 436, 442 (Fla.1984); Hammond v. State, 727 So. 2d 979, 980 (Fla. 2d DCA 1999), pet. for review dismissed, 752 So. 2d 559 (Fla.2000). Therefore, appellant cannot prevail on this issue. Accordingly, we reverse the conviction and sentence for sale of cocaine within 1000 feet of a school, and remand this cause with directions to enter a conviction for sale of cocaine and…

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