Albury v. State
This text of 585 So. 2d 509 (Albury v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
John Albury appeals his conviction and sentence for possession of cocaine. In accordance with the State’s confession of error, which is well taken, we reverse the conviction and sentence on that count.
[510]*510Albury was convicted of possession of cocaine with intent to sell (count I) and possession of the same cocaine (count II). Albury contends, and the State concedes, that the offense of possession is subsumed within the greater offense of possession with intent to sell. Accordingly, the conviction and sentence for the lesser offense, count II, must be vacated. See § 775.-021(4)(b)(3), Fla.Stat. (1989); Murray v. State, 464 So.2d 622, 623 (Fla. 2d DCA 1985); Rodriguez v. State, 395 So.2d 555, 556 (Fla. 2d DCA 1981). The conviction and sentence on count II are vacated.
As there is no challenge to the conviction and sentence on count I, they are affirmed.
Affirmed in part, reversed in part.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
585 So. 2d 509, 1991 Fla. App. LEXIS 9414, 1991 WL 188065, Counsel Stack Legal Research, https://law.counselstack.com/opinion/albury-v-state-fladistctapp-1991.