ELIECER GENARD GONZALEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1972-11-14
No. 72-415
Before BARKDULL, C. J., and CHARLES CARROLL and HENDRY, JJ-
268 So. 2d 552 Florida District Court of Appeal, Third District (1972) Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

We have considered the various points raised by appellant, but find no merit therein. The evidence amply supports the entry of the judgments of conviction, and appellant has failed to adequately preserve his attack upon the counts relating to his sale and possession of cocaine, a narcotic drug, on August 13, 1971.

We remand with directions to vacate the sentence imposed pursuant to convictions under the counts charging unlawful possession of cocaine, since these sentences are contrary to the rule enunciated in Yost v. State, Fla.App. 1971, 243 So.2d 469 and Easton v. State, Fla.App. 1971, 250 So.2d 294. In all other respects, the judgments and sentences are affirmed.

Affirmed in part and reversed in part with directions.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Orange v. State, 334 So. 2d 277 (Fla. 3d DCA 1976)
    …la.App.1971, 243 So. 2d 469; Easton v. State, Fla.App.1971, 250 So. 2d 294; Martin v. State, Fla.App.1971, 251 So. 2d 283; Torres v. State, Fla.App. 1972, 262 So. 2d 458; Brown v. State, Fla.App.1972, 264 So. 2d 28; Gonzales v. State, Fla.App. 1972, 268 So. 2d 552; Kwasniewski v. State, Fla.App.1974, 303 So. 2d 373. The lone case to the contrary in such situation is Parker v. State, Fla.App. 1970, 237 So. 2d 253, decided by the First District Court of Appeal. However, in a later case, Martin v. State, supra,…
  • Temperance Wright v. State, 348 So. 2d 633 (Fla. 3d DCA 1977)
    …: the sale of cocaine. Jackson v. State, 311 So. 2d 811 (Fla.lst DCA 1975); Orange v. State, 334 So. 2d 277 (Fla.3d DCA 1976); Caivano v. State, 276 So. 2d 245 (Fla.2d DCA 1973); Jackson v. State, 270 So. 2d 30 (Fla.4th DCA 1972); Gonzalez v. State, 268 So. 2d 552 (Fla.3d DCA 1972); Jones v. State, 265 So. 2d 514 (Fla.4th DCA 1972); Carr v. State, 264 So. 2d 871 (Fla.1st DCA 1972); Hunt v. State, 264 So. 2d 855 (Fla.lst DCA 1972); Shaw v. State, 264 So. 2d 95 (Fla.lst DCA 1972). Affirmed as to the judgments…
  • Mendez v. State, 280 So. 2d 525 (Fla. 3d DCA 1973)
    …held the separate convictions for crimes arising [*527] out of the same criminal transaction, even while finding the sentences rendered thereon to be illegal. See also, Caivano v. State, Fla.App.1973, 276 So. 2d 245; Gonzalez v. State, Fla.App.1972, 268 So. 2d 552; Hunt v. State, Fla.App.1972, 264 So. 2d 855; Carr v. State, Fla.App.1972, 264 So. 2d 871. Moreover, although we recognize that the offenses prescribed in §§ 814.03(2) and 811.16, Fla.Stat., F.S.A., are related, it is generally held that where two…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw