THOMAS RAY YOUNG, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
THOMAS RAY YOUNG, APPELLANT,
STATE OF FLORIDA, APPELLEE
291 So. 2d 660
Florida District Court of Appeal, Fourth District (1974)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
Affirmed. See Betancourt v. State, Fla. App.1969, 228 So. 2d 124.
WALDEN and MAGER, JJ., concur. OWEN, C. J., dissents with opinion.
Dissent
OWEN, Chief Judge
(dissenting):
Appellant was convicted of conspiracy to sell cannabis to one, Sheets, as alleged in the information. The evidence established that Sheets was at the time a police officer acting in the line of duty. Because the conspiracy charged was to sell to Sheets (not merely to sell generally to any buyer), he necessarily was an essential ingredient to the specific conspiracy charged. Thus, appellant could not legally be convicted of this conspiracy. King v. State, Fla.1958, 104 So. 2d 730; Cruz v. State, Fla.App. 1965, 181 So. 2d 20, cert. den., 189 So. 2d 882 (Fla.) In my opinion, the judgment should be reversed and appellant discharged.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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F.F. Hughes & Assocs., Inc. v. Mottice & Assocs., Inc., 440 So. 2d 487 (Fla. 1st DCA 1983)…as the transaction closed until after Wooten left Mortice's employ. The cause of action did not arise while Mortice, the broker, was registered as Wooten’s employer. Consequently, summary judgment.was proper. This case is not like Bustani v. Wells, 291 So. 2d 660 (Fla. 4th DCA 1974), where trial was necessary to resolve apparently conflicting evidence pertaining to the applicability of Section 475.42(l)(d), Florida Statutes. Here, the facts making the statute applicable are undisputed. AFFIRMED. SHIVERS an…
Authorities Cited
- King v. State, 104 So. 2d 730 (Fla. 1957)
- Betancourt v. State, 228 So. 2d 124 (Fla. 3d DCA 1969)
- Cruz v. State, 181 So. 2d 20 (Fla. 3d DCA 1965)
- State v. Cruz, 189 So. 2d 882 (Fla. 1966)