Florida District Courts of Appeal, 1985

Smith v. State

Florida District Courts of Appeal · Decided January 4, 1985 · Anstead, Hersey, Hurley

461 So. 2d 1024; 10 Fla. L. Weekly 129; 1985 Fla. App. LEXIS 11803 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Carvalho v. State (Fla. Dist. Ct. App. 1987)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Kenneth Smith was charged by Information with trafficking in cocaine (Count I) and possession of cocaine (Count III). He appeals his conviction of delivery of cocaine (as a lesser included offense of the Count I trafficking charge) and possession as charged (Count III).

Appellant Smith was a co-defendant of Carlos Di Paola in the trial court. We affirm the conviction and sentence on Count III, having determined that all points on appeal save one represent no error or harmless error. We reverse the conviction and sentence on Count I for the reasons expressed in our opinion in Di Paola v. *1025State, 461 So.2d 284 released simultaneously with our opinion in this case.

AFFIRMED IN PART; REVERSED IN PART; and REMANDED FOR NEW TRIAL.

ANSTEAD, C.J., and HERSEY and HURLEY, JJ., concur.

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