Kennedy v. State

District Court of Appeal of Florida

Kennedy v. State

553 So. 2d 801, 1989 Fla. App. LEXIS 7322, 1989 WL 154953

CourtDistrict Court of Appeal of Florida

DecidedDecember 22, 1989

DocketNo. 88-02306

StatusPublished

This text of 553 So. 2d 801 (Kennedy 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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Kennedy v. State, 553 So. 2d 801, 1989 Fla. App. LEXIS 7322, 1989 WL 154953 (Fla. Ct. App. 1989).

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Opinion

PER CURIAM.

We reverse the trial court’s denial of appellant’s motion to dismiss the charge of possession of cocaine. See Carawan v. State, 515 So.2d 161 (Fla.1987); Gordon v. State, 528 So.2d 910 (Fla. 2d DCA 1988), decision approved sub nom., State v. Smith, 547 So.2d 613 (Fla.1989); Lewis v. State, 545 So.2d 427 (Fla. 2d DCA 1989). This reversal will not affect appellant’s conviction and sentence for purchasing cocaine. We further strike the imposition of costs, without prejudice to the state seeking to have them reassessed after proper notice and hearing. Wood v. State, 544 So.2d 1004 (Fla.1989); Jenkins v. State, 444 So.2d 947 (Fla.1984).

Affirmed in part, reversed in part, and remanded.

SCHEB, A.C.J., and LEHAN and PARKER, JJ., concur.

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PER CURIAM.

We reverse the trial court’s denial of appellant’s motion to dismiss the charge of possession of cocaine. See Carawan v. State, 515 So.2d 161 (Fla.1987); Gordon v. State, 528 So.2d 910 (Fla. 2d DCA 1988), decision approved sub nom., State v. Smith, 547 So.2d 613 (Fla.1989); Lewis v. State, 545 So.2d 427 (Fla. 2d DCA 1989). This reversal will not affect appellant’s conviction and sentence for purchasing cocaine. We further strike the imposition of costs, without prejudice to the state seeking to have them reassessed after proper notice and hearing. Wood v. State, 544 So.2d 1004 (Fla.1989); Jenkins v. State, 444 So.2d 947 (Fla.1984).

Affirmed in part, reversed in part, and remanded.

SCHEB, A.C.J., and LEHAN and PARKER, JJ., concur.

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553 So. 2d 801, 1989 Fla. App. LEXIS 7322, 1989 WL 154953, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kennedy-v-state-fladistctapp-1989.

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