Public-domain · open source
OpenJurist

461 So. 2d 1024

461 So.2d 1024

10 Fla.L.Weekly 129

Smith v. State

District Court of Appeal of Florida

Decided January 4, 1985

District Court of Appeal of Florida · decided 1985-01-04

Cited by 1 later decisions — most recently September 1987

1 state decisions

Relies on 461 So. 2d 284 - DiPaola v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1985-01-04

View the full empirical analysis of this case →

PER CURIAM.

¶1Kenneth Smith was charged by Information with trafficking in cocaine (Count I) and possession of cocaine (Count III). He appeals his conviction of delivery of cocaine (as a lesser included offense of the Count I trafficking charge) and possession as charged (Count III).

¶2Appellant Smith was a co-defendant of Carlos Di Paola in the trial court. We affirm the conviction and sentence on Count III, having determined that all points on appeal save one represent no error or harmless error. We reverse the conviction and sentence on Count I for the reasons expressed in our opinion in Di Paola v. *1025State, 461 So.2d 284 released simultaneously with our opinion in this case.

¶3AFFIRMED IN PART; REVERSED IN PART; and REMANDED FOR NEW TRIAL.

ANSTEAD, C.J., and HERSEY and HURLEY, JJ., concur.
/461/so2d/1024 · .json · Public domain