Horton v. State

Full title: EDWARD HORTON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Mar 6, 1991

573 So. 2d 1004 (Fla. Dist. Ct. App. 1991)

Opinion

No. 88-2210.

January 30, 1991. Rehearing Denied March 6, 1991.

Appeal from the Circuit Court for Broward County; Patti Englander Henning, Judge.

Richard L. Jorandby, Public Defender, and Jeffrey L. Anderson, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee; and James J. Carney, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We affirm appellant's conviction for purchasing cocaine near a school. See Burch v. State, 558 So.2d 1 (Fla. 1990). We reverse appellant's conviction for possession of the same cocaine and remand for resentencing on the purchasing offense alone. See West v. State, 573 So.2d 404, (Fla. 4th DCA, 1991).

ANSTEAD, DELL and GUNTHER, JJ., concur.