KENT STELLRECHT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Sale Of Cocaine cases and more on FLexlaw
PER CURIAM.
Appellant’s motion for rehearing correctly points out that the Florida Supreme Court in Carawan v. State, 515 So. 2d 161 (Fla.1987), receded from its prior decision in Rotenberry v. State, 468 So. 2d 971 (Fla. 1985) and held that a defendant cannot be simultaneously convicted of sale and possession of drugs, in addition to trafficking in such drugs, because trafficking necessarily encompasses either or both of the other offenses. Therefore, appellant’s motion for rehearing is granted, the opinion filed February 3,1988, is withdrawn, appellant’s convictions and sentences for sale and possession of cocaine are set aside, and the cause is remanded for resentencing on the conviction for trafficking in cocaine. See Campbell v. State, 517 So. 2d 696 (Fla. 2d DCA 1988).
REVERSED AND REMANDED.
BOOTH, WIGGINTON and ZEHMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Alvaro Antonio Hurtado v. State, 533 So. 2d 304 (Fla. 1st DCA 1988)…onvictions of and sentences for both trafficking in cocaine and possession of cocaine with intent to sell are improper. See Carawan v. State, 515 So. 2d 161 (Fla.1987). The convictions and sentences are therefore set aside. See Stell-recht v. State, 523 So. 2d 171 (Fla. 1st DCA 1988); Campbell v. State, 517 So. 2d 696 (Fla. 2d DCA 1987). The judgments and sentences are reversed and the cause remanded for resen-tencing. ERVIN and BOOTH, JJ., concur.…
Authorities Cited
- Dion Michael Carawan v. State, 515 So. 2d 161 (Fla. 1987)
- Rotenberry v. State, 468 So. 2d 971 (Fla. 1985)
- Campbell v. State, 517 So. 2d 696 (Fla. 2d DCA 1987)
- State v. Delaney, 517 So. 2d 696 (Fla. 2d DCA 1987)