Reeb v. State

ON MOTION FOR REHEARING

When we issued our original opinion, we were concerned only with respect to the conviction for conspiracy to traffic in cannabis, which was Count II of the information. Nothing in appellant’s brief suggests any attack upon appellant’s conviction for attempted trafficking, a lesser included offense in Count I. Moreover, appellant relies primarily upon Weller v. State, 501 So.2d 1291 (Fla. 4th DCA 1986) as we expressly did in reversing the conviction.

It was our intent, in relying upon Weller, to effect what a previous panel of this court had done there; namely not disturb…