JERRY LEE LONG, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1989-07-26
No. 87-02351
FRANK, A.C.J., and HALL and ALTENBERND,. JJ., concur.
546 So. 2d 1152 Florida District Court of Appeal, Second District (1989) Positive Treatment
Cited by 6 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

The defendant appeals his convictions and sentences for delivery of cocaine, possession of cocaine, and possession of cocaine with intent to sell. The sentences were imposed on revocation of his probation. The defendant raises on direct appeal the possibility that the convictions arise from a single act of possession. Gordon v. State, 528 So. 2d 910 (Fla. 2d DCA 1988). We affirm on all issues because the record on appeal is insufficient to resolve this issue, even after this court gave the appellant opportunity to supplement the record with additional information from the trial court’s existing record. This affirmance is without prejudice to the defendant’s ability to seek post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850.

Affirmed.

FRANK, A.C.J., and HALL and ALTENBERND,. JJ., concur.


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  • T.D.L. v. Chinault, 570 So. 2d 1335 (Fla. 2d DCA 1990)
    …fore imposing its hybrid punishment upon T.D.L., did not foreclose the suitability of juvenile sanctions as required by section 39.111(7), Florida Statutes (1989). These provisions are mandatory for juveniles prosecuted as adults. Boudreau v. State, 546 So. 2d 1152 (Fla. 2d DCA 1989); Reed v. State, 544 So. 2d 1077 (Fla. 2d DCA 1989); Eady v. State, 388 So. 2d 9 (Fla. 2d DCA 1980). Even when the child reaches adulthood between the time of the offense and the date of disposition, such that he is not even a “juv…
  • Kazakoff v. State, 642 So. 2d 596 (Fla. 2d DCA 1994)
    …Tomlinson, reveals that these statutes establish specifically enumerated sentencing criteria for juveniles indicted and convicted of offenses punishable by death or life imprisonment. See Duke v. State, 541 So. 2d 1170 (Fla.1989); Boudreau v. State, 546 So. 2d 1152 (Fla. 2d DCA 1989). Kazakoff was informed against after a waiver hearing, not indicted, for the offenses he was convicted of committing. We now address the troubling transfer issue which caused us to consider this case en banc. Kazakoff argues that…
  • Washington v. State, 642 So. 2d 61 (Fla. 3d DCA 1994)
    …tion. Tomlinson, 589 So. 2d at 363. As a result, children indicted of a crime punishable by death or life imprisonment are no longer considered “transferred” within the meaning of Chapter 39 and must be sentenced as an adult. See Boudreau, v. State, 546 So. 2d 1152 (Fla. 2d DCA 1989) (discussing Duke, 541 So. 2d at 1170). However, children brought before the criminal court by information filed by the state are considered “transferred” and entitled to the sentencing protections in 39.059(7). Because defendant w…

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