Amado v. State

SCHEB, Acting Chief Judge.

The defendant, Ernesto Amado, raises four points in appealing his convictions and sentences for trafficking in and delivery of cocaine. We reject his contentions that the court erred in admitting hearsay statements of coconspirators and in failing to instruct the jury on a lesser included offense. We agree that the court erred in convicting him of both trafficking and delivery of the same quantity of cocaine and *737in imposing a departure sentence because of the quantity of cocaine involved.

The Facts

The state charged the defendant with trafficking in cocaine and…