GERALD LEONARD PERKINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1998-04-09
No. 96-3672
ALLEN, WEBSTER and DAVIS, JJ., concur.
707 So. 2d 1199 Florida District Court of Appeal, First District (1998) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant was convicted of multiple offenses after a joint trial with the defendant in McClain v. State, Case No. 96-3794, — So. 2d-, 1998 WL 115565 (Fla. 1st DCA March 18, 1998). As in McClain, there was insufficient evidence to establish a conspiracy to traffic in cocaine, and the conviction for that offense is reversed. Also as in McClain, the state’s cross-appeal is dismissed. ..The appellant’s sentences are vacated, and .the case is remanded for resentencing.

ALLEN, WEBSTER and DAVIS, JJ., concur.


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    …vidence of a conspiracy between McQueen and the appellants, there was no evidence of any particular quantity of contraband. Their conspiracy convictions were therefore reversed. McClain v. State, 709 So. 2d 136 (Fla. 1st DCA 1998); Perkins v. State, 707 So. 2d 1199 (Fla. 1st DCA 1998). Not surprisingly, Hudson now argues that his appellate counsel was ineffective in failing to challenge both of his convictions on the same basis. The state opposes relief, pointing to two items of evidence presented only agains…

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