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McINTYRE v. STATE

No. 89-267.

564 So.2d 243 (1990)

Rickey McINTYRE, Appellant/Cross-Appellee, v. STATE of Florida, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

July 19, 1990.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellant, cross-appellee.

Rickey McIntyre, Daytona Beach, pro se.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Laura Griffin, Asst. Atty. Gen., Daytona Beach, for appellee, cross-appellant.

PER CURIAM.

The issues raised on appeal are without merit. On the cross-appeal, the primary issue is whether appellant can be convicted of both the sale and possession1 of a controlled substance when those charges arise from a single drug transaction. The trial court apparently believed he could not be, and deleted the points assessed on the scoresheet for possession, although the conviction for possession was never vacated.

Because...

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