HAROLD FINOCCHIARO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DAUKSCH, Judge.
This is an appeal from a judgment and sentence. Appellant was charged and convicted of one count of delivery of cocaine and one count of possession of cocaine on March 13, 1987. He was also charged and convicted of one count of trafficking in cocaine, one count of possession of cocaine and one count of conspiracy to traffic in cocaine on March 14, 1987. His conviction for possession on the fourteenth was the result of cocaine found on his person after he had been arrested and was in the booking area.
Appellant contends that his convictions and sentences for trafficking in cocaine and conspiracy to traffic should not be punished separately on the ground that both crimes arose from the same transaction. Section 893.135(5), Florida Statutes (1987) specifically provides that there is no prohibition against obtaining separate convictions and sentences for a violation of the conspiracy to traffic subsection and the trafficking subsection. See also Herrera v. State, 532 So. 2d 54 (Fla. 3d DCA 1988) (appellant’s convictions for trafficking in cocaine and conspiracy to traffic in cocaine affirmed). The conviction and sentence are affirmed. •
AFFIRMED.
COWART and DANIEL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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ASH v. State, 554 So. 2d 553 (Fla. 5th DCA 1989)…s pending before the same circuit. Rather, we restrict the application of Florida Rule of Criminal Procedure 3.701 d.l.6 to convictions pending for sentencing in the same county. See Rice v. State, 546 So. 2d 784 (Fla. 5th DCA 1989); Allen v. State, 543 So. 2d 347 (Fla. 5th DCA 1989); Gallagher v. State, 476 So. 2d 754 (Fla. 5th DCA 1985). Accordingly we quash the sentence imposed and remand for resentencing. Also, we reverse the imposition of costs because they were improperly assessed without notice and he…
Authorities Cited
- Herrera v. State, 532 So. 2d 54 (Fla. 3d DCA 1988)