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Cook v. State

530 So. 2d 347, 13 Fla. L. Weekly 1753, 1988 Fla. App. LEXIS 3183, 1988 WL 74800
CourtDistrict Court of Appeal of Florida
DecidedJuly 20, 1988
DocketNo. 87-1131
StatusPublished

This text of 530 So. 2d 347 (Cook 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.

Bluebook
Cook v. State, 530 So. 2d 347, 13 Fla. L. Weekly 1753, 1988 Fla. App. LEXIS 3183, 1988 WL 74800 (Fla. Ct. App. 1988).

Opinion

RYDER, Acting Chief Judge.

Appellant was convicted of one count of possession of cannabis with intent to sell and one count of sale of cannabis in violation of section 893.13, Florida Statutes (1986). Appellant contends that the trial court erred in convicting appellant of both possession with intent to sell and sale of the same cannabis. We agree. See Gordon v. State, 528 So.2d 910 (Fla. 2d DCA 1988).

We reverse and remand with instructions to vacate one or the other of appellant’s convictions and to recalculate the sentence [348]*348for the remaining count without the improper count being scored.

DANAHY and FRANK, JJ., concur.

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Related

Gordon v. State
528 So. 2d 910 (District Court of Appeal of Florida, 1988)

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Bluebook (online)
530 So. 2d 347, 13 Fla. L. Weekly 1753, 1988 Fla. App. LEXIS 3183, 1988 WL 74800, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cook-v-state-fladistctapp-1988.