Opinion
Case Nos. 4D99-2003 4D2004.
Opinion filed July 5, 2000.
Consolidated appeals from the Circuit Court for the Nineteenth Judicial Circuit, Indian River County; Robert A. Hawley, Judge; L.T. Case Nos. 98-294 CF-B 98-209 CF-B.
Richard L. Jorandby, Public Defender, West Palm Beach, Alisa Smith, Special Assistant Public Defender, South Orange, N.J. and Wayne R. McDonough of Wayne R. McDonough, P.A., Vero Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Carol Cobourn Asbury, Assistant Attorney General, West Palm Beach, for appellee.
We sua sponte consolidate case numbers 4D99-2003 and 4D99-2004. In case number 4D99-2004, we affirm appellant's convictions and sentences for burglary of a structure and second degree grand theft. In case number 4D99-2003, we accept the state's concession that the trial court erred in denying appellant's motion for judgment of acquittal on his multiple convictions for trafficking in hydrocodone and hydromorphone and that the trial court should have entered a judgment of conviction forpossession on each of these counts. See Hayes v. State, 750 So.2d 1 (Fla. 1999). We, therefore, reverse appellant's convictions and sentences for trafficking in hydrocodone and hydromorphone and remand with instructions for the trial court to enter a judgment of conviction for possession on each count and to re-sentence appellant on these convictions.
AFFIRMED in part, REVERSED in part, and REMANDED.
DELL, SHAHOOD, and TAYLOR, JJ., concur.