¶1On two separate occasions appellant Jerome Davis sold rock cocaine to a paid police informant. With respect to each transaction appellant was convicted of and sentenced for both sale of cocaine and possession of cocaine with intent to sell. This was improper. See, e.g., Wright v. State, 557 So.2d 906 (Fla. 2d DCA 1990). Accordingly, we remand this case to the trial court with directions to vacate the judgments and sentences for possession with intent to sell. The judgments and sentences for sale of cocaine are affirmed.
558 So. 2d 197
Davis v. State
District Court of Appeal of Florida
Decided March 21, 1990
District Court of Appeal of Florida · decided 1990-03-21
Relies on 557 So. 2d 906 - Wright v. State
Decided 1990-03-21