McIntyre v. State
McIntyre v. State
Opinion of the Court
The issues raised on appeal are without merit. On the cross-appeal, the primary issue is whether appellant can be convicted of both the sale and possession
Because the sale and possession in this case occurred on July 1, 1988, the effective date of chapter 88-131, section 7, Laws of Florida, appellant can be separately convicted of both offenses. Davis v. State, 560 So.2d 1231 (Fla. 5th DCA 1990). See also State v. Burton, 555 So.2d 1210 (Fla. 1989). Accordingly, we affirm both convictions, but quash the sentence and remand for resentencing in accordance with this opinion.
SENTENCE QUASHED and CAUSE REMANDED.
. § 893.13(l)(a)l and 893.13(l)(f), Fla.Stat. ías?).
Reference
- Full Case Name
- Rickey McINTYRE, Appellant/Cross-Appellee v. STATE of Florida, Appellee/Cross-Appellant
- Cited By
- 2 cases
- Status
- Published