VINCENT RIGSBY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2000-06-28
No. 2D00-423
CAMPBELL, A.C.J., and PARKER and CASANUEVA, JJ., Concur.
772 So. 2d 1 Florida District Court of Appeal, Second District (2000) Caution
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Vincent Rigsby appeals, under a single notice of appeal, the trial court’s summary denial, in separate orders, of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850, and his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We have carefully considered both motions and find no reversible error in either of the trial court’s orders denying relief. We accordingly affirm as to both.

Affirmed.

CAMPBELL, A.C.J., and PARKER and CASANUEVA, JJ., Concur.


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  • State v. Domina Travis, 808 So. 2d 194 (Fla. 2002)
    …a. 1st DCA 1989). Since our decision in Hayes, there exists a conflict among the district courts as to whether Hayes stands for the proposition that aggregate weighing of a mixture containing a controlled substance is prohibited. In Eagle v. State, 772 So. 2d 1 (Fla. 2d DCA 2000), the Second District affirmed the trial court’s denial of a defendant’s motion to dismiss an information for trafficking in a number of oxycodone tablets and distinguished our decision in Hayes. The Second District opined that “in…
  • Paey v. State, 943 So. 2d 919 (Fla. 2d DCA 2006)
    …ablet should be multiplied by the number of tablets in the possession of the accused to determine whether the weight of the substance meets the threshold for trafficking purposes. State v. Travis, 808 So. 2d 194 (Fla.2002) (approving Eagle v. State, 772 So. 2d 1 (Fla. 2d DCA 2000)). The State’s calculation of the aggregate amount of ox-ycodone that Mr. Paey possessed was consistent with Travis. Thus Mr. Paey’s argument on this point is without merit. Based on our supreme court’s holding in Benitez and the…
  • Hadaway v. State, 788 So. 2d 255 (Fla. 4th DCA 2000)
    …ourt should have entered a judgment of conviction for possession on the charge of trafficking in hydromorphone. See Hayes v. State, 750 So. 2d 1 (Fla.1999); Travis v. State, 754 So. 2d 59 (Fla. 5th DCA 2000). We certify conflict with Eagle v. State, 772 So. 2d 1 (Fla. 2d DCA 2000). Accordingly, we reverse appellant’s convictions and sentences for trafficking in hydrocodone and hydromorphone and remand with instructions for the trial court to enter a judgment of conviction for possession on each count and…

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