Durrant v. State

District Court of Appeal of Florida

Durrant v. State

566 So. 2d 605, 1990 Fla. App. LEXIS 7054, 1990 WL 133796

CourtDistrict Court of Appeal of Florida

DecidedSeptember 19, 1990

DocketNo. 88-2663

StatusPublished

This text of 566 So. 2d 605 (Durrant 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

Durrant v. State, 566 So. 2d 605, 1990 Fla. App. LEXIS 7054, 1990 WL 133796 (Fla. Ct. App. 1990).

Pincite

Opinion

PER CURIAM.

Appellant was convicted of conspiracy to traffic in cocaine in excess of 400 grams and sentenced to fifteen years in prison and ten years’ probation.

The state has conceded that appellant’s motion for judgment of acquittal should have been granted because there is no evidence in the record of any conspiracy to traffic in cocaine. The only evidence is that the entire scenario involved a rip-off by selling the intended victim a substance which was flour. Accordingly, the conviction of conspiracy to traffic in cocaine must be and is reversed.

DOWNEY, STONE and GARRETT, JJ., concur.

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PER CURIAM.

Appellant was convicted of conspiracy to traffic in cocaine in excess of 400 grams and sentenced to fifteen years in prison and ten years’ probation.

The state has conceded that appellant’s motion for judgment of acquittal should have been granted because there is no evidence in the record of any conspiracy to traffic in cocaine. The only evidence is that the entire scenario involved a rip-off by selling the intended victim a substance which was flour. Accordingly, the conviction of conspiracy to traffic in cocaine must be and is reversed.

DOWNEY, STONE and GARRETT, JJ., concur.

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Bluebook (online)

566 So. 2d 605, 1990 Fla. App. LEXIS 7054, 1990 WL 133796, Counsel Stack Legal Research, https://law.counselstack.com/opinion/durrant-v-state-fladistctapp-1990.