State v. Duarte

RYDER, Acting Chief Judge.

The state seeks review of an order arresting judgment as to the first degree felony offense of conspiracy to traffic in cocaine in violation of section 893.135(5), Florida Statutes (1993). Because the appellee failed to timely object prior to his post-verdict motion to arrest judgment, we reverse and direct the trial court to reinstate the first degree felony conviction and resentence accordingly. On cross-appeal, Mr. Duarte challenges the denial of his motion for judgment of acquittal, the admission of co-conspirator’s hearsay statements and the trial judge’s and…