Smith v. State

Florida District Courts of Appeal
Smith v. State, 461 So. 2d 1024 (1985)
10 Fla. L. Weekly 129; 1985 Fla. App. LEXIS 11803
Anstead, Hersey, Hurley

Smith v. State

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.

Reference

Full Case Name
Kenneth SMITH v. STATE of Florida
Cited By
1 case
Status
Published