VALERIE KENNEDY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
VALERIE KENNEDY, APPELLANT,
STATE OF FLORIDA, APPELLEE
553 So. 2d 801
Florida District Court of Appeal, Second District (1989)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
We reverse the trial court’s denial of appellant’s motion to dismiss the charge of possession of cocaine. See Carawan v. State, 515 So. 2d 161 (Fla.1987); Gordon v. State, 528 So. 2d 910 (Fla. 2d DCA 1988), decision approved sub nom., State v. Smith, 547 So. 2d 613 (Fla.1989); Lewis v. State, 545 So. 2d 427 (Fla. 2d DCA 1989). This reversal will not affect appellant’s conviction and sentence for purchasing cocaine. We further strike the imposition of costs, without prejudice to the state seeking to have them reassessed after proper notice and hearing. Wood v. State, 544 So. 2d 1004 (Fla.1989); Jenkins v. State, 444 So. 2d 947 (Fla.1984).
Affirmed in part, reversed in part, and remanded.
SCHEB, A.C.J., and LEHAN and PARKER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Williams v. State, 556 So. 2d 480 (Fla. 2d DCA 1990)…cants and drugs are unlawfully sold, dispensed or used. We agree with appellant that the trial court should have granted his motion to dismiss the charge of possession of cocaine. Accordingly, this conviction should be vacated. See Wagner v. State, 553 So. 2d 801 (Fla. 2d DCA 1989); Gordon. We strike the imposition of court costs and attorney’s fees because they were imposed without notice and a hearing. Wood v. State, 544 So. 2d 1004, 1006 (Fla.1989); Jenkins v. State, 444 So. 2d 947 (Fla.1984) We reject t…
Authorities Cited
- Jenkins v. State, 444 So. 2d 947 (Fla. 1984)
- Dion Michael Carawan v. State, 515 So. 2d 161 (Fla. 1987)
- State v. Smith, 547 So. 2d 613 (Fla. 1989)
- Gordon v. State, 528 So. 2d 910 (Fla. 2d DCA 1988)
- Wood v. State, 544 So. 2d 1004 (Fla. 1989)
- Artis Rynard Lewis v. State, 545 So. 2d 427 (Fla. 2d DCA 1989)