Goizueta v. State

District Court of Appeal of Florida

Goizueta v. State

507 So. 2d 1196, 12 Fla. L. Weekly 1379, 1987 Fla. App. LEXIS 8550

District Court of Appeal of Florida·Decided June 2, 1987·No. No. 86-2808·Published

Opinion

PER CURIAM.

As in Velunza v. State, 504 So.2d 780 (Fla. 3d DCA 1987), we conclude that the evidence of the appellant’s participation in an attempted sale of cocaine to undercover police supports his conviction of trafficking; because there is no proof of a formal or implied agreement to commit the offense, however, his conviction of conspiracy to traffic must be reversed.

There is no merit in the claim that the state’s failure to produce the confidential informant requires a new trial. See State v. Gutierrez, 502 So.2d 481 (Fla. 3d DCA 1987). The remaining points are entirely meritless.

Affirmed in part, reversed in part.

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PER CURIAM.

As in Velunza v. State, 504 So.2d 780 (Fla. 3d DCA 1987), we conclude that the evidence of the appellant’s participation in an attempted sale of cocaine to undercover police supports his conviction of trafficking; because there is no proof of a formal or implied agreement to commit the offense, however, his conviction of conspiracy to traffic must be reversed.

There is no merit in the claim that the state’s failure to produce the confidential informant requires a new trial. See State v. Gutierrez, 502 So.2d 481 (Fla. 3d DCA 1987). The remaining points are entirely meritless.

Affirmed in part, reversed in part.

Goizueta v. State, 507 So. 2d 1196, 12 Fla. L. Weekly 1379, 1987 Fla. App. LEXIS 8550 (Fla. Ct. App. 1987).

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Opinion

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