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Florida District Courts of Appeal, 1981

Cessna v. State

Cessna v. State
Florida District Courts of Appeal · Decided May 27, 1981 · Beranek, Hersey, Lamar
399 So. 2d 395; 1981 Fla. App. LEXIS 19936 (Southern Reporter, Second Series)

Cessna v. State

Opinion of the Court

PER CURIAM.

AFFIRMED.

HERSEY, J., and WARREN LAMAR, Associate Judge, concur. BERANEK, J., dissents with opinion.

Dissenting Opinion

BERANEK, Judge,

dissenting:

I respectfully dissent. I would vacate the judgment and sentence because the jury convicted defendant of both possession and sale of the same drug in the same count. The trial court entered judgment and sentence on the sale charge, and I conclude that same is error.

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