Washington v. State

Full title: EDDIE WASHINGTON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Jul 20, 1988

528 So. 2d 528 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-19.

July 20, 1988.

Appeal from the Circuit Court for Collier County; Charles T. Carlton, Judge.

James Marion Moorman, Public Defender and Deborah K. Brueckheimer, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and James A. Young, Asst. Atty. Gen., Tampa, for appellee.

RYDER, Acting Chief Judge.

Appellant raises two points on appeal. We find merit in only one. Appellant was convicted of two counts of possession of cocaine with intent to sell and two counts of sale of cocaine in violation of section 893.13(1)(a)(1), Florida Statutes (1985). Appellant contends that the trial court erred in convicting appellant of both possession with intent to sell and sale of the same cocaine. We agree. See Gordon v. State, 528 So.2d 910 (Fla. 2d DCA 1988).

We reverse and remand with instructions to vacate either the two possession of cocaine with intent to sell convictions or the two sale of cocaine convictions. The trial court must recalculate the sentences for the remaining counts without the improper counts being scored.

DANAHY and THREADGILL, JJ., concur.