Gibson v. State

ZEHMER, Judge.

We affirm the trial court’s denial of the motion to suppress as the evidence supports a finding that the challenged identification was reliable and without error.

The trial court erred, however, in imposing judgment of conviction for both sale of cocaine and possession of cocaine with intent to sell in violation of section 893.-13(l)(a), Florida Statutes (1987), under the circumstances of this case because the elements of the crime of sale of cocaine subsume the elements of the crime of possession of cocaine with intent to sell. State v. McCloud, 559 So.2d 1305 (Fla. 2d DCA…