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412 So. 2d 22

Smith v. State

District Court of Appeal of Florida

Decided February 10, 1982

District Court of Appeal of Florida · decided 1982-02-10

Cited by 2 later decisions — most recently September 1984

2 state decisions

Relies on Dade County v. Baker · 362 So. 2d 295 - Fundak v. State · Drayton v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1982-02-10

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BOARDMAN, Acting Chief Judge.

¶1Robert Lee Smith appeals his judgment and sentences for possession (count 1) and sale (count 2) of methaqualone. We affirm.

¶2We decline to recede from our holding in Fundak v. State, 362 So.2d 295 (Fla. 2d DCA 1978), that even in circumstances such as those here, where the possession and sale of a given drug arises out of a single episode, Section 775.021, Florida Statutes (1979), requires separate sentences where the possession is not a lesser included offense of the sale. Contra, Drayton v. State, 372 So.2d 983 (Fla. 3d DCA 1979); Williams v. State, 377 So.2d 755 (Fla. 1st DCA 1979), cert. denied, 385 So.2d 762 (Fla.1980). We therefore affirm appellant’s sentences.

¶3Finding no merit to the other issues raised by appellant, we also affirm the judgment of guilt for both offenses.

¶4AFFIRMED.

GRIMES and RYDER, JJ., concur.
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