572 So. 2d 568 - Bacchus v. State

PER CURIAM.

¶1Appellant was convicted on Count I of purchasing cocaine within 1,000 feet of a school and possession of cocaine on Count II, and sentenced to concurrent terms of two and one-half years’ imprisonment.

¶2Appellant concedes that his constitutional challenge to section 893.13(l)(e), Florida Statutes, has been mooted by Burch v. State, 558 So.2d 1 (Fla.1990). Furthermore, since the crime occurred between December 10, 1987, and July 1, 1988, Carawan v. State, 515 So.2d 161 (Fla.1987), controls 1 and neither a conviction nor sentence for possession of cocaine can be had in conjunction with a conviction and sentence for purchasing cocaine at the same time and place.

¶3Accordingly, the conviction and sentence on Count I for purchasing cocaine within 1,000 feet of a school is affirmed, but the conviction and sentence for possession of cocaine on Count II is reversed.

¶4AFFIRMED IN PART; REVERSED IN PART.

DOWNEY, GUNTHER and GARRETT, JJ., concur.

¶5. Rehearing was denied in Carawan on December 10, 1987, and section 775.021(4) was amended on July 1, 1988. Application of the amended statute to a crime committed prior to July 1, 1988, would constitute a prohibited ex post facto application of the statute.