Orillien v. State

District Court of Appeal of Florida

Orillien v. State

566 So. 2d 590, 1990 Fla. App. LEXIS 6925, 1990 WL 132025

CourtDistrict Court of Appeal of Florida

DecidedSeptember 12, 1990

DocketNo. 87-00891

StatusPublished

This text of 566 So. 2d 590 (Orillien 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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Orillien v. State, 566 So. 2d 590, 1990 Fla. App. LEXIS 6925, 1990 WL 132025 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

In this appeal, appellee, State of Florida, concedes that appellant, Mirassaint Oril-lien, was improperly convicted for both trafficking in cocaine and possession of cocaine with intent to sell where both charges arose from a single act of possession. Carawan v. State, 515 So.2d 161 (Fla.1987). We, therefore, affirm the conviction and sentence for trafficking in cocaine and reverse the conviction and sentence for possession of cocaine with intent to sell and remand with instructions that the conviction and sentence for the possession charge be vacated.

The state likewise concedes that it was error to impose upon appellant community service in lieu of court costs. Houston v. State, 546 So.2d 802 (Fla. 4th DCA 1989). Upon remand, the imposition of community service shall be stricken.

We find no merit in the other issues raised by appellant and, therefore, affirm the conviction and sentence for trafficking in cocaine.

Affirmed in part and reversed in part.

SCHOONOVER, C.J., and CAMPBELL and HALL, JJ., concur.

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PER CURIAM.

In this appeal, appellee, State of Florida, concedes that appellant, Mirassaint Oril-lien, was improperly convicted for both trafficking in cocaine and possession of cocaine with intent to sell where both charges arose from a single act of possession. Carawan v. State, 515 So.2d 161 (Fla.1987). We, therefore, affirm the conviction and sentence for trafficking in cocaine and reverse the conviction and sentence for possession of cocaine with intent to sell and remand with instructions that the conviction and sentence for the possession charge be vacated.

The state likewise concedes that it was error to impose upon appellant community service in lieu of court costs. Houston v. State, 546 So.2d 802 (Fla. 4th DCA 1989). Upon remand, the imposition of community service shall be stricken.

We find no merit in the other issues raised by appellant and, therefore, affirm the conviction and sentence for trafficking in cocaine.

Affirmed in part and reversed in part.

SCHOONOVER, C.J., and CAMPBELL and HALL, JJ., concur.

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566 So. 2d 590, 1990 Fla. App. LEXIS 6925, 1990 WL 132025, Counsel Stack Legal Research, https://law.counselstack.com/opinion/orillien-v-state-fladistctapp-1990.

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