Cook v. State

District Court of Appeal of Florida

Cook v. State

555 So. 2d 454, 1990 Fla. App. LEXIS 237, 1990 WL 3236

CourtDistrict Court of Appeal of Florida

DecidedJanuary 19, 1990

DocketNo. 89-00408

StatusPublished

This text of 555 So. 2d 454 (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.

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Cook v. State, 555 So. 2d 454, 1990 Fla. App. LEXIS 237, 1990 WL 3236 (Fla. Ct. App. 1990).

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Opinion

RYDER, Judge.

Dorothy Cook seeks review of the trial court’s order denying her motion to dismiss Count II, possession of cocaine, in violation of double jeopardy. We reverse.

Cook was charged with sale and possession of cocaine, arising out of a single act of sale occurring on June 30, 1988. The Supreme Court of Florida has held that Carawan v. State, 515 So.2d 161 (Fla.1987), is applicable to crimes occurring before the effective date of chapter 88-131, section 7, Laws of Florida, but not to crimes occurring after that date. State v. Parker, 551 So.2d 1209 (Fla.1989); State v. Smith, 547 So.2d 613 (Fla.1989). The effective date of chapter 88-131, Laws of Florida, is July 1, 1988.

Accordingly, the conviction and sentence for Count II, possession of cocaine, is reversed and the case remanded for resen-tencing.

Reversed and remanded.

CAMPBELL, C.J., and PARKER, J., concur.

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RYDER, Judge.

Dorothy Cook seeks review of the trial court’s order denying her motion to dismiss Count II, possession of cocaine, in violation of double jeopardy. We reverse.

Cook was charged with sale and possession of cocaine, arising out of a single act of sale occurring on June 30, 1988. The Supreme Court of Florida has held that Carawan v. State, 515 So.2d 161 (Fla.1987), is applicable to crimes occurring before the effective date of chapter 88-131, section 7, Laws of Florida, but not to crimes occurring after that date. State v. Parker, 551 So.2d 1209 (Fla.1989); State v. Smith, 547 So.2d 613 (Fla.1989). The effective date of chapter 88-131, Laws of Florida, is July 1, 1988.

Accordingly, the conviction and sentence for Count II, possession of cocaine, is reversed and the case remanded for resen-tencing.

Reversed and remanded.

CAMPBELL, C.J., and PARKER, J., concur.

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555 So. 2d 454, 1990 Fla. App. LEXIS 237, 1990 WL 3236, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cook-v-state-fladistctapp-1990.

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