Sparkman v. State

The appellant, Hubert A. Sparkman, challenges his conviction for conspiracy to sell cocaine. We reverse.

The appellant and his codefendant, Randy Gilberry, were both charged by information with the sale of cocaine in violation of section 893.13(l)(a)(l), Florida Statutes (1985), possession of cocaine in violation of section 893.13(l)(e), Florida Statutes (1985), and conspiracy to sell cocaine in violation of section 777.04, Florida Statutes (1985). The state specifically alleged in the conspiracy count that “RANDY GILBERRY AND HUBERT SPARKMAN on the 30th day of July, 1985, ... did agree,…