Florida District Courts of Appeal, 1990

Davis v. State

Davis v. State
Florida District Courts of Appeal · Decided March 21, 1990 · Altenbernd, Hall, Patterson
558 So. 2d 197; 1990 Fla. App. LEXIS 1876; 1990 WL 31712 (Southern Reporter, Second Series)

Davis v. State

Opinion of the Court

PER CURIAM.

On two separate occasions appellant Jerome Davis sold rock cocaine to a paid police informant. With respect to each transaction appellant was convicted of and sentenced for both sale of cocaine and possession of cocaine with intent to sell. This was improper. See, e.g., Wright v. State, 557 So.2d 906 (Fla. 2d DCA 1990). Accordingly, we remand this case to the trial court with directions to vacate the judgments and sentences for possession with intent to sell. The judgments and sentences for sale of cocaine are affirmed.

HALL, A.C.J., and PATTERSON and ALTENBERND, JJ., concur.

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