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CESSNA v. STATE

No. 80-1091.

399 So.2d 395 (1981)

Robert Earl CESSNA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 27, 1981.

Attorney(s) appearing for the Case

Patrick C. Rastatter and Stuart A. Tarlowe of Glass, Rastatter, Stark & Tarlowe, P.A., Fort Lauderdale, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Mark Horn, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

AFFIRMED.

HERSEY, J., and WARREN LAMAR, Associate Judge, concur.

BERANEK, J., dissents with opinion.

BERANEK, Judge, dissenting:

I respectfully dissent. I would vacate the judgment and sentence because the jury convicted defendant of both possession and sale of the same drug in the same count. The trial court entered judgment and sentence on the sale charge, and I conclude that...

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