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SCHMITT v. STATE

No. 83-1768.

458 So.2d 1183 (1984)

Richard R. SCHMITT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 8, 1984.

Attorney(s) appearing for the Case

Chandler R. Muller and Michael James Snure of Muller, Kirkconnell & Lindsey, P.A., Winter Park, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Mark C. Menser, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Chief Judge.

The appellant, Richard R. Schmitt, together with four others, was convicted of conspiracy to traffic in marijuana, trafficking, and importation. The evidence and jury instructions herein reveal no differentiation between the act constituting the importation and any separate acts constituting the trafficking, hence the importation conviction cannot stand. Bell v. State, 437 So.2d 1057 (Fla. 1983). The remaining...

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