RAMON MORALES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Ramon Morales was convicted of both purchase and possession of cocaine within 1000 feet of a school. The appellate court affirmed the purchase conviction but reversed the possession conviction because both arose from the same transaction and cocaine rock, violating principles established in Carawan v. State.
The court rejected the constitutional challenge to the statute. However, the court held that it was error to convict appellant of both purchase and possession where both convictions arose from the same transaction and involved the same cocaine rock, requiring reversal of the possession conviction under Carawan v. State.
“the parties agree that it was error to convict appellant of both purchase and possession where both convictions arose out of the same transaction and involved the same cocaine rock”
Establishes the fundamental error that both convictions could not stand based on the same conduct and cocaine.
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Join FLexlaw to unlock all legal intelligenceAppellant was convicted of and sentenced for both purchase of cocaine within 1000 feet of a school and possession of that same cocaine. The offense wa…
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PER CURIAM.
Appellant was convicted of and sentenced for purchase of cocaine within 1000 feet of a school, and possession of that same cocaine.
We reject appellant’s contention that the statute under which he was convicted is unconstitutional. Burch v. State, 558 So. 2d 1 (Fla.1990).
However, the parties agree that it was error to convict appellant of both purchase and possession where both convictions arose out of the same transaction and involved the same cocaine rock. This case is governed by Carawan v. State, 515 So. 2d 161 (Fla.1987). Appellant committed the offense in March of 1988. This is subsequent to Carawan, but before the effective date of the amendment to section 775.-021(4), Florida Statutes (Supp.1988), which superceded the result in Carawan. We therefore reverse the conviction of possession.
As a practical matter, this does not affect appellant’s sentence, because the court sentenced appellant to serve his time for the two convictions concurrently.
We therefore reverse the conviction for possession of cocaine and remand with instructions to vacate this aspect of the judgment and sentence. In all other respects we affirm.
AFFIRMED IN PART; REVERSED IN PART; REMANDED.
HERSEY, C.J., DOWNEY, J., and FRANK, RICHARD H., Associate Judge, concur.
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Wyatt v. State, 581 So. 2d 603 (Fla. 2d DCA 1991)…PER CURIAM. Appellant’s sentences are affirmed. See Willis v. State, 573 So. 2d 449 (Fla. 2d DCA 1991). The imposition of restitution, to which appellant agreed at the change of plea hearing and for which no objection was made at sentencing, is also affirmed. The assessment of court costs and attorney’s fees is striken without prej…
Authorities Cited
- Dion Michael Carawan v. State, 515 So. 2d 161 (Fla. 1987)
- Burch v. State, 558 So. 2d 1 (Fla. 1990)