Malzone v. State

District Court of Appeal of Florida

Malzone v. State

544 So. 2d 1074, 14 Fla. L. Weekly 1403, 1989 Fla. App. LEXIS 3257, 1989 WL 61109

CourtDistrict Court of Appeal of Florida

DecidedJune 9, 1989

DocketNo. 88-00984

StatusPublished

Cited by1 cases

This text of 544 So. 2d 1074 (Malzone 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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Malzone v. State, 544 So. 2d 1074, 14 Fla. L. Weekly 1403, 1989 Fla. App. LEXIS 3257, 1989 WL 61109 (Fla. Ct. App. 1989).

Pincite

Opinion

THREADGILL, Judge.

The appellant, Frank Malzone, was convicted of two counts of sale and two counts of possession of cocaine as the result of two separate drug transactions occurring on June 4, 1986 and August 5, 1986. Each transaction involved a single undivided quantity of cocaine. Accordingly, the judgments and sentences for possession of cocaine should be set aside. Gordon v. State, 528 So.2d 910 (Fla. 2d DCA 1988); Blanca v. State, 532 So.2d 1327 (Fla. 3d DCA 1988).

We find no merit in the appellant’s other point on appeal and therefore affirm the convictions and sentences for trafficking in cocaine and sale of cocaine.

Affirmed in part, reversed in part and remanded for resentencing with a revised scoresheet.

SCHEB, A.C.J., and HALL, J., concur.

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