Legal Opinion

West v. State

District Court of Appeal of Florida

Decided January 23, 1991No. 88-1674PublishedCited by 1 opinion

1Opinion of the Court

HERSEY, Chief Judge.

In this appeal from a conviction for the purchase of cocaine within 1000 feet of a school, appellant initially raised four issues. We find that the first three are controlled by Burch v. State, 558 So.2d 1 (Fla.1990). As to those issues, we affirm.

*405Appellant was charged with and convicted of two related offenses: purchase and possession, involving the same cocaine rock. While the trial court withheld adjudication on the count for possession, it nevertheless sentenced appellant on both counts. This was error and we vacate the sentence on Count II. Finch v. Mayo, 137 Fla.…

2Cases cited6 opinions

  1. Carawan v. StateSupreme Court of Florida · 1987
  2. Burch v. StateSupreme Court of Florida · 1990
  3. Lewis v. StateDistrict Court of Appeal of Florida · 1989
  4. State Ex Rel. House v. MayoSupreme Court of Florida · 1935
  5. Davis v. StateDistrict Court of Appeal of Florida · 1990

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Horton v. StateDistrict Court of Appeal of Florida · 1991

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