Reyes v. State

District Court of Appeal of Florida

Reyes v. State

462 So. 2d 1198, 10 Fla. L. Weekly 304, 1985 Fla. App. LEXIS 12105

CourtDistrict Court of Appeal of Florida

DecidedJanuary 29, 1985

DocketNo. 84-550

StatusPublished

Cited by1 cases

This text of 462 So. 2d 1198 (Reyes 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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Reyes v. State, 462 So. 2d 1198, 10 Fla. L. Weekly 304, 1985 Fla. App. LEXIS 12105 (Fla. Ct. App. 1985).

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Opinion

PER CURIAM.

The judgment of conviction for trafficking in cocaine is affirmed upon holdings that there was no error in the instructions to the jury; the evidence was sufficient to warrant conviction; even if, arguendo, the point had been preserved by timely objection at trial, the police officer’s testimony did not constitute a comment on the defendant’s right to remain silent, see Antone v. State, 382 So.2d 1205 (Fla.1980); and Section 893.135, Florida Statutes, is not, as the defendant asserts, unconstitutional, see State v. Benitez, 395 So.2d 514 (Fla.1981); Stone v. State, 402 So.2d 1330 (Fla. 1st DCA 1981). The judgment of conviction for possession of cocaine is reversed upon the authority of Bell v. State, 437 So.2d 1057 (Fla.1983).

Affirmed in part; reversed in part.

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PER CURIAM.

The judgment of conviction for trafficking in cocaine is affirmed upon holdings that there was no error in the instructions to the jury; the evidence was sufficient to warrant conviction; even if, arguendo, the point had been preserved by timely objection at trial, the police officer’s testimony did not constitute a comment on the defendant’s right to remain silent, see Antone v. State, 382 So.2d 1205 (Fla.1980); and Section 893.135, Florida Statutes, is not, as the defendant asserts, unconstitutional, see State v. Benitez, 395 So.2d 514 (Fla.1981); Stone v. State, 402 So.2d 1330 (Fla. 1st DCA 1981). The judgment of conviction for possession of cocaine is reversed upon the authority of Bell v. State, 437 So.2d 1057 (Fla.1983).

Affirmed in part; reversed in part.

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462 So. 2d 1198, 10 Fla. L. Weekly 304, 1985 Fla. App. LEXIS 12105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reyes-v-state-fladistctapp-1985.

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