GRAHAM v. STATE (2002)

District Court of Appeal of Florida,Third District.

Michael GRAHAM, Appellant, v. The STATE of Florida, Appellee.

No. 3D01-3417.

Decided: July 17, 2002

Before GODERICH, FLETCHER and SORONDO, JJ.

Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Assistant Public Defender, for appellant. Robert A. Butterworth, Attorney General, and Marni A. Bryson, Assistant Attorney General, for appellee.

We find no merit in appellant's first point on appeal. We do, however, agree that appellant cannot be legally convicted and sentenced for the crimes of possession of cocaine within one thousand feet of a school and possession of cocaine based on his possession of multiple quantities of cocaine at the same time and place. See Grene v. State, 702 So.2d 510 (Fla. 3d DCA 1997); Tucker v. State, 608 So.2d 122 (Fla. 2d DCA 1992). Accordingly, we reverse the defendant's conviction and sentence on the charge of possession of cocaine with intent to sell and remand for discharge on that count.¹

Reversed and remanded with instructions.

FOOTNOTES

1. The State concedes error on this issue.

PER CURIAM.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network