Gardner v. State

Albert Gardner appeals his conviction and sentence for sale and possession of cocaine. We affirm.

The defendant was charged by information, which alleged that the defendant committed both crimes on August 21, 1997. The defendant entered a plea of not guilty and requested a statement of particulars, pursuant to Florida Rule of Criminal Procedure 3.140(n). The State filed a statement of particulars that stated the date and place of the charged crimes, as well as that the charged crimes were committed at 10:40 p.m. At trial, evidence put on by the State included testimony of the undercover…