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CAIVANO v. STATE

No. 72-505.

276 So.2d 245 (1973)

Robert CAIVANO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied May 10, 1973.

Attorney(s) appearing for the Case

Kenneth R. Mikos, of Friedrich, Kersten & Blackwell, Fort Lauderdale, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Charles Corces, Jr., and Richard C. Booth, Asst. Attys. Gen., Tampa, for appellee.

PIERCE, Judge (Ret.).

Appellant Caivano was charged in a two-count information with (1) possession of cocaine and (2) sale of cocaine on April 20, 1971. He was convicted of both charges and sentences of three years for each conviction were imposed by the trial judge to be served concurrently. The cocaine he was charged with possessing was the cocaine he was charged with selling. Caivano was therefore charged and convicted of two facets or phases of the same transaction...

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