NADIR MACHADO-DE-MORAIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
NADIR MACHADO-DE-MORAIS, APPELLANT,
STATE OF FLORIDA, APPELLEE
101 So. 3d 946
Florida District Court of Appeal, First District (2012)
Positive Treatment
Cited by 1 case
Opinion of the Court
ON MOTION FOR REHEARING, FOR A WRITTEN OPINION AND FOR CERTIFICATION OF CONFLICT
We grant appellant’s motion for rehearing, withdraw our prior opinion, and substitute the following.
Appellant contends in part that the evidence did not establish that the crimes of conspiracy to purchase cocaine occurred because the evidence showed only that the alleged coconspirator was a seller of cocaine and that appellant was a buyer, and therefore each intended to commit a different criminal offense. We have previously rejected this argument, see Pallin v. State, 965 So.2d 1226 (Fla. 1st DCA 2007), and do so again today. We certify conflict with Davis v. State, 95 So.3d 340 (Fla. 5th DCA 2012).
AFFIRMED.
BENTON, C.J., LEWIS, and ROWE, JJ., concur.
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Authorities Cited
- Pallin v. State, 965 So. 2d 1226 (Fla. 1st DCA 2007)
- Davis v. State, 95 So. 3d 340 (Fla. 5th DCA 2012)