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MacHado–De–Morais v. State

District Court of Appeal of Florida, First District.
Dec 13, 2012
101 So. 3d 946 (Fla. Dist. Ct. App. 2012)

Opinion

No. 1D11–4797.

2012-12-13

Nadir MACHADO–DE–MORAIS, Appellant, v. STATE of florida, Appellee.

An appeal from the Circuit Court for Duval County. Charles Cofer, Judge. Nancy A. Daniels, Public Defender, and Gail E. Anderson, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Samuel A. Perrone, Assistant Attorney General, Tallahassee, for Appellee.


An appeal from the Circuit Court for Duval County. Charles Cofer, Judge.
Nancy A. Daniels, Public Defender, and Gail E. Anderson, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Samuel A. Perrone, Assistant Attorney General, Tallahassee, for Appellee.

Prior Report: ––– So.3d ––––.

ON MOTION FOR REHEARING, FOR A WRITTEN OPINION AND FOR CERTIFICATION OF CONFLICT


PER CURIAM.

We grant appellant's motion for rehearing, withdraw our prior opinion, and substitute the following.

Appellant contends in part that the evidence did not establish that the crimes of conspiracy to purchase cocaine occurred because the evidence showed only that the alleged coconspirator was a seller of cocaine and that appellant was a buyer, and therefore each intended to commit a different criminal offense. We have previously rejected this argument, see Pallin v. State, 965 So.2d 1226 (Fla. 1st DCA 2007), and do so again today. We certify conflict with Davis v. State, 95 So.3d 340 (Fla. 5th DCA 2012).

AFFIRMED.

BENTON, C.J., LEWIS, and ROWE, JJ., concur.


Summaries of

MacHado–De–Morais v. State

District Court of Appeal of Florida, First District.
Dec 13, 2012
101 So. 3d 946 (Fla. Dist. Ct. App. 2012)
Case details for

MacHado–De–Morais v. State

Case Details

Full title:Nadir MACHADO–DE–MORAIS, Appellant, v. STATE of florida, Appellee.

Court:District Court of Appeal of Florida, First District.

Date published: Dec 13, 2012

Citations

101 So. 3d 946 (Fla. Dist. Ct. App. 2012)