Tresvant v. State

District Court of Appeal of Florida

Tresvant v. State

370 So. 2d 89, 1979 Fla. App. LEXIS 14901

CourtDistrict Court of Appeal of Florida

DecidedMay 1, 1979

DocketNo. 78-2002

StatusPublished

Cited by1 cases

This text of 370 So. 2d 89 (Tresvant 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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Tresvant v. State, 370 So. 2d 89, 1979 Fla. App. LEXIS 14901 (Fla. Ct. App. 1979).

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Opinion

BARKDULL, Judge.

Albert W. Tresvant, Sr. takes this appeal from a judgment of conviction, entered pursuant to a jury verdict on the charges of I. Conspiracy to commit a felony (bribery); II. Bribery; III. Unauthorized compensation for official behavior.

Tresvant was charged, by indictment, with conspiracy to commit a felony, bribery, and unauthorized compensation for official behavior. He pleaded not guilty and moved to dismiss each count of the indictment. His motions to dismiss were denied, and he was subsequently tried before a jury.

The trial court erred in denying the motion to dismiss as to the conspiracy count. See: Goldberg v. State, 351 So.2d 332 (Fla. 1977), and this court’s opinion in State v. Giardino, 363 So.2d 201 (Fla.3d DCA 1978) relating to the same indictment.

On the other point on appeal, we defer ruling until the transcript of the testimony is forwarded to us for review.

Therefore, the conviction under Count I (conspiracy to commit a felony, to wit: bribery) be and it is hereby reversed and set aside with instructions to discharge the defendant from this charge. The appellant, through his counsel, shall file a copy of the trial transcript with this court no later than May 10,1979, pursuant to Florida Appellate Rule 9.200(f)(2).

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