Blacker v. State

District Court of Appeal of Florida

Blacker v. State

767 So. 2d 554, 2000 Fla. App. LEXIS 10772, 2000 WL 1190467

CourtDistrict Court of Appeal of Florida

DecidedAugust 23, 2000

DocketNos. 4D99-2003, 4D99-2004

StatusPublished

Cited by1 cases

This text of 767 So. 2d 554 (Blacker 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.

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Blacker v. State, 767 So. 2d 554, 2000 Fla. App. LEXIS 10772, 2000 WL 1190467 (Fla. Ct. App. 2000).

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Opinion

ON MOTION FOR REHEARING

PER CURIAM.

We grant rehearing and withdraw the opinion issued on July 5, 2000 and substitute the following:

We sua sponte consolidate case numbers 4D99-2003 and 4D99-2004. In case number 4D99-2004, we affirm appellant’s convictions and sentences for burglary of a structure and second degree grand theft.

In case number 4D99-2003, we accept the state’s concession that the trial court erred in denying appellant’s motion for judgment of acquittal on his conviction for trafficking in hydrocodone and hold that the trial court should have entered a judgment of conviction for possession on this count. We also hold that the trial court should have entered a judgment of convic[555]*555tion for possession on the charge of trafficking in hydromorphone. See Hayes v. State, 750 So.2d 1 (Fla.1999); Travis v. State, 754 So.2d 59 (Fla. 5th DCA 2000). We certify conflict with Eagle v. State, 25 Fla. L. Weekly D1638, — So.2d --, 2000 WL 898070 (Fla. 2d DCA July 7, 2000).

Accordingly, we reverse appellant’s convictions and sentences for trafficking in hydrocodone and hydromorphone and remand with instructions for the trial court to enter a judgment of conviction for possession on each count and for resentencing on these convictions.

AFFIRMED in part, REVERSED in part, and REMANDED.

DELL, SHAHOOD, and TAYLOR, JJ., concur.

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ON MOTION FOR REHEARING

PER CURIAM.

We grant rehearing and withdraw the opinion issued on July 5, 2000 and substitute the following:

We sua sponte consolidate case numbers 4D99-2003 and 4D99-2004. In case number 4D99-2004, we affirm appellant’s convictions and sentences for burglary of a structure and second degree grand theft.

In case number 4D99-2003, we accept the state’s concession that the trial court erred in denying appellant’s motion for judgment of acquittal on his conviction for trafficking in hydrocodone and hold that the trial court should have entered a judgment of conviction for possession on this count. We also hold that the trial court should have entered a judgment of convic[555]*555tion for possession on the charge of trafficking in hydromorphone. See Hayes v. State, 750 So.2d 1 (Fla.1999); Travis v. State, 754 So.2d 59 (Fla. 5th DCA 2000). We certify conflict with Eagle v. State, 25 Fla. L. Weekly D1638, — So.2d --, 2000 WL 898070 (Fla. 2d DCA July 7, 2000).

Accordingly, we reverse appellant’s convictions and sentences for trafficking in hydrocodone and hydromorphone and remand with instructions for the trial court to enter a judgment of conviction for possession on each count and for resentencing on these convictions.

AFFIRMED in part, REVERSED in part, and REMANDED.

DELL, SHAHOOD, and TAYLOR, JJ., concur.

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767 So. 2d 554, 2000 Fla. App. LEXIS 10772, 2000 WL 1190467, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blacker-v-state-fladistctapp-2000.

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