Schmitt v. State

COBB, Chief Judge.

The appellant, Richard R. Schmitt, together with four others, was convicted of conspiracy to traffic in marijuana, trafficking, and importation. The evidence and jury instructions herein reveal no differentiation between the act constituting the importation and any separate acts constituting the trafficking, hence the importation conviction cannot stand. Bell v. State, 437 So.2d 1057 (Fla.1983). The remaining appellate issues relating to the convictions for trafficking and conspiracy are without merit.

The appellant also urges that the trial court erred in declining to…