Hampton v. State

I agree with my colleagues that this case boils down to an issue of statutory construction. Section 893.135(5), Florida Statutes, provides that the crime of conspiracy to engage in trafficking is committed when “[a]ny person ... agrees, conspires, combines, or confederates with another person to commit any act prohibited by [section 893.135(1), Florida Statutes]” and is punishable “as if he or she had actually committed such prohibited act.” § 893.135(5), Fla. Stat. (2011) (emphasis added). Section 893.135(1) in turn, *444prohibits the “acts” of selling, purchasing, manufacturing, delivering,…