Wagner v. State

District Court of Appeal of Florida

Wagner v. State

553 So. 2d 801, 1989 Fla. App. LEXIS 7333, 1989 WL 154955

CourtDistrict Court of Appeal of Florida

DecidedDecember 22, 1989

DocketNo. 88-02316

StatusPublished

Cited by1 cases

This text of 553 So. 2d 801 (Wagner 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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Wagner v. State, 553 So. 2d 801, 1989 Fla. App. LEXIS 7333, 1989 WL 154955 (Fla. Ct. App. 1989).

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Opinion

PER CURIAM.

Appellant pleaded no contest to charges of purchasing and possessing the same cocaine, reserving the right to appeal the denial of her motion to dismiss the possession of cocaine charge on the basis of 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). See also Lewis v. State, 545 So.2d 427 (Fla.2d DCA 1989). Pursuant to the above authorities, the trial court erred in denying appellant’s motion to dismiss. Accordingly, appellant’s conviction and sentence for possession of cocaine are reversed. Appellant’s conviction and sentence for purchasing cocaine are affirmed.

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

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PER CURIAM.

Appellant pleaded no contest to charges of purchasing and possessing the same cocaine, reserving the right to appeal the denial of her motion to dismiss the possession of cocaine charge on the basis of 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). See also Lewis v. State, 545 So.2d 427 (Fla.2d DCA 1989). Pursuant to the above authorities, the trial court erred in denying appellant’s motion to dismiss. Accordingly, appellant’s conviction and sentence for possession of cocaine are reversed. Appellant’s conviction and sentence for purchasing cocaine are affirmed.

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

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553 So. 2d 801, 1989 Fla. App. LEXIS 7333, 1989 WL 154955, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wagner-v-state-fladistctapp-1989.

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