Burley v. State

Full title: WAYNE BURLEY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Jun 16, 1988

13 Fla. L. Weekly 1420 (Fla. Dist. Ct. App. 1988)

13 Fla. L. Weekly 1420

526 So. 2d 1022

Opinion

526 So.2d 1021 (Fla.App. 5 Dist. 1988) 13 Fla. L. Weekly 1420 Wayne BURLEY, Appellant, v. STATE of Florida, Appellee. No. 87-704. Florida Court of Appeals, Fifth District. June 16, 1988

       James B. Gibson, Public Defender, and James R. Wulchak, Asst. Public Defender, Daytona Beach, for appellant.

       Robert A. Butterworth, Atty. Gen., Tallahassee, and Kellie A. Nielson, Asst. Atty. Gen., Daytona Beach, for appellee.

       DAUKSCH, Judge.

       This is an appeal from convictions for delivery, possession and conspiracy to deliver cocaine. There is ample evidence to support the convictions for sale and possession. There is inadequate evidence to support the conspiracy conviction. The conspiracy statute says:

       Whoever agrees, conspires, combines, or confederates with another person or persons to commit any offense commits the offense of criminal conspiracy ...

       The state proved that an informant walked up to Burley and asked him if he was selling cocaine. He said no and took him to Gray. The informant handed money to Burley who handed it to Gray who handed cocaine to Burley who handed it to the informant. Gray and Burley were then arrested. There was no proof of any prearrangement, any prior discussions or plans or anything else done in preparation for the above events. No proof they conspired together to commit the crime or did anything other than engage in the one transaction.

       This absence of proof requires that this court reverse the judgment of conviction for conspiracy.        AFFIRMED in part; REVERSED in part.

       SHARP, C.J., and ORFINGER, J., concur.