Public-domain · open source
OpenJurist

456 So. 2d 545

456 So.2d 545

9 Fla.L.Weekly 2013

Butler v. State

District Court of Appeal of Florida

Decided September 21, 1984

District Court of Appeal of Florida · decided 1984-09-21

Relies on Beatty v. State · 418 So. 2d 272 - Bowers v. State · 418 So. 2d 1264 - Long v. State

Decided 1984-09-21

HOBSON, Acting Chief Judge.

¶1Appellant was charged with violation of the RICO statute and three counts of conspiracy to traffic in cannabis. He ultimately was found and adjudicated guilty on all four charges.

¶2Appellant argues, and we agree, that his RICO conviction must be reversed because the state’s information against him was identical to the ones we held legally insufficient in Gillen v. State, 421 So.2d 1089 (Fla. 2d DCA 1982); Whitehead v. State, 421 So.2d 1089 (Fla. 2d DCA 1982); Beatty v. State, 418 So.2d 271 (Fla. 2d DCA 1982); Bowers v. State, 418 So.2d 272 (Fla. 2d *546DCA 1982); and Long v. State, 418 So.2d 1264 (Fla. 2d DCA 1982).

¶3We have carefully considered appellant’s remaining points and find them to be without merit.

¶4Accordingly, we affirm appellant’s convictions for conspiracy but reverse the judgment of guilt under the RICO statute and remand that case for further proceedings.

BOARDMAN and SCHOONOVER, JJ., concur.
/456/so2d/545 · .json · Public domain