NEWTON v. STATE

No. BF-346.

490 So.2d 179 (1986)

Charles NEWTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

June 20, 1986.


Attorney(s) appearing for the Case

Rodney G. Gregory of Lassiter & Gregory, Jacksonville, for appellant.

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


SHIVERS, Judge.

Appellant, Charles Newton appeals the denial of his motion for judgment of acquittal and his sentence. We affirm as to the first issue, reverse as to the second issue and remand for resentencing.

On September 6, 1984, D.E.A. Agent Brian Raftery spoke by telephone with Joseph Roy for the purpose of purchasing eight ounces of cocaine. Mr. Roy put the appellant, Mr. Newton, on the phone. Newton agreed to obtain the cocaine and deliver it to Raftery...

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