Florida District Courts of Appeal, 1989

McNair v. State

Florida District Courts of Appeal · Decided September 27, 1989 · Altenbernd, Boardman, Edward, Ret, Ryder

549 So. 2d 1106; 14 Fla. L. Weekly 2297; 1989 Fla. App. LEXIS 5324; 1989 WL 112130 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Miller v. State (Fla. Dist. Ct. App. 1989)

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

ALTENBERND, Judge.

McNair appeals his convictions for trafficking in and possession with intent to sell cocaine. Because the same cocaine was the basis for both convictions and because the offenses occurred prior to the 1988 amendment to section 775.021(4), Florida Statutes (1985), appellant’s conviction for trafficking is affirmed, but we reverse his conviction for possession with intent to sell cocaine. State v. Smith, 547 So.2d 613 (Fla. 1989); Carawan v. State, 515 So.2d 161 (Fla. 1987).

Affirmed in part, reversed in part, and remanded.

RYDER, A.C.J., and BOARDMAN, EDWARD F., (Ret.) J., concur.

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