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Zaccardo v. State

District Court of Appeal of Florida, Third District
Dec 22, 1981
407 So. 2d 385 (Fla. Dist. Ct. App. 1981)

Opinion

No. 80-1081.

December 22, 1981.

Appeal from Circuit Court, Dade County; Frederick N. Barad, Judge.

Bennett H. Brummer, Public Defender and Robert Schrank, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Calvin L. Fox, Asst. Atty. Gen., for appellee.

Before BARKDULL, HENDRY and JORGENSON, JJ.


The conviction, adjudication and sentence rendered in this cause is reversed because of the refusal of the trial court to charge on the minimum penalties for trafficking in cocaine, upon the authority of Tascano v. State, 393 So.2d 540 (Fla. 1981). See also: Williams v. State, 399 So.2d 999 (Fla. 3d DCA 1981); Cunningham v. State, 404 So.2d 759 (Fla. 3d DCA 1981).

No merit is found as to the other point on appeal relating to the sufficiency of the evidence. Winchell v. State, 362 So.2d 992 (Fla. 3d DCA 1978); Frank v. State, 199 So.2d 117 (Fla. 1st DCA 1967); Spataro v. State, 179 So.2d 873 (Fla. 2d DCA 1965).

Therefore, the appellant and the cause is remanded to the trial court for a new trial.

Reversed and remanded with directions.


Summaries of

Zaccardo v. State

District Court of Appeal of Florida, Third District
Dec 22, 1981
407 So. 2d 385 (Fla. Dist. Ct. App. 1981)
Case details for

Zaccardo v. State

Case Details

Full title:RICHARD ALLEN ZACCARDO, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Dec 22, 1981

Citations

407 So. 2d 385 (Fla. Dist. Ct. App. 1981)