ARTIS RYNARD LEWIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the conviction for purchase of cocaine is affirmed, but the conviction for possession of cocaine is reversed because both convictions arise from a single act.
Defendant was convicted of both purchase and possession of cocaine. These offenses occurred prior to a 1988 amendment to a statute concerning multiple…
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ALTENBERND, Judge.
The defendant appeals his convictions for purchase of cocaine and possession of the same cocaine. We affirm his judgment and sentence for purchase of cocaine and expressly declare that section 893.13, Florida Statutes (1987), was validly enacted for the reasons stated in Blankenship v. State, No. 88-01349 545 So. 2d 908 (Fla. 2d DCA 1989); see also State v. Burch, 545 So. 2d 279 (Fla. 4th DCA 1989).
We reverse the lesser conviction for possession of cocaine since both convictions arise from a single act. Just as sale of cocaine includes all elements necessary to prove possession of cocaine, the same is true for purchase of cocaine. See Carawan v. State, 515 So. 2d 161 (Fla.1987); Dukes v. State, 528 So. 2d 531 (Fla. 2d DCA 1988); Gordon v. State, 528 So. 2d 910 (Fla. 2d DCA 1988). We note that these offenses occurred prior to the amendment of section 775.021(4), Florida Statutes, in 1988.
On remand, the judgment and sentence for possession of cocaine shall be vacated. Resentencing will not be necessary on the primary offense because the defendant re ceived a guidelines sentence and the vacation of the lesser offense does not affect the recommended range for sentencing the primary offense.
Affirmed in part, reversed in part, and remanded.
LEHAN, A.C.J., and PATTERSON, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By (17 total)
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Artis Rynard Lewis v. State, 556 So. 2d 1103 (Fla. 1990)…PER CURIAM. We have for review Lewis v. State, 545 So. 2d 427 (Fla. 2d DCA 1989), in which the district court expressly declared valid section 893.13, Florida Statutes (1987). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We approve the decision based on our holding in Burch v. State, 558 So. 2d 1 (Fla.…
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Williams v. State, 556 So. 2d 480 (Fla. 2d DCA 1990)…iss the possession of cocaine charge on the basis of Carawan v. State, 515 So. 2d 161 (Fla.1987), and Gordon v. State, 528 So. 2d 910 (Fla. 2d DCA 1988), decision approved sub nom., State v. Smith, 547 So. 2d 613 (Fla.1989). See also Lewis v. State, 545 So. 2d 427 (Fla. 2d DCA 1989). The trial court withheld adjudication on the charges, placed appellant on two concurrent one-year terms of probation, and imposed court costs and attorney’s fees. After the sentencing hearing and without giving appellant an oppor…
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West v. State, 573 So. 2d 404 (Fla. 4th DCA 1991)…possession conviction was included. Therefore, appellee is correct that there will be no change in appellant’s sentence on Count I and resentencing on this issue will be unnecessary. Davis v. State, 562 So. 2d 443 (Fla. 2d DCA 1990); Lewis v. State, 545 So. 2d 427 (Fla. 2d DCA 1989), approved, 556 So. 2d 1103 (Fla.1990). DOWNEY and WARNER, JJ., concur.…
Previewing 3 of 17 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dion Michael Carawan v. State, 515 So. 2d 161 (Fla. 1987)
- Gordon v. State, 528 So. 2d 910 (Fla. 2d DCA 1988)
- State v. Burch, 545 So. 2d 279 (Fla. 4th DCA 1989)
- Blankenship v. State, 545 So. 2d 908 (Fla. 2d DCA 1989)
- Dukes v. State, 528 So. 2d 531 (Fla. 2d DCA 1988)