Opinion
No. 96-3672.
Opinion filed April 9, 1998.
An appeal from Circuit Court for Santa Rosa County, Paul Rasmussen, Judge.
Nancy A. Daniels, Public Defender, and Glen P. Gifford, Assistant Public Defender, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General, and Timothy A. Freeland, Assistant Attorney General, Tampa, for Appellee.
The appellant was convicted of multiple offenses after a joint trial with the defendant in McClain v. State, Case No. 96-3794 (Fla. 1st DCA March 18, 1998). As in McClain, there was insufficient evidence to establish a conspiracy to traffic in cocaine, and the conviction for that offense is reversed. Also as in McClain, the state's cross-appeal is dismissed. The appellant's sentences are vacated, and the case is remanded for resentencing.
ALLEN, WEBSTER and DAVIS, JJ., CONCUR.