STATE v. BUSH

No. 90-1903.

588 So.2d 323 (1991)

STATE of Florida, Appellant, v. Lonnie BUSH, Appellee.

District Court of Appeal of Florida, Fourth District.

November 6, 1991.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Jacqueline Barakat, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Susan D. Cline, Asst. Public Defender, West Palm Beach, for appellee.


GUNTHER, Judge.

The state appeals the trial court's order dismissing Count II, possession of cocaine. We reverse.

In the order, dismissing Count II, the trial court found that judgment and sentence had been entered on Count I, sale or delivery of cocaine, and since the sale involved the same transaction as the possession, the possession would not be a separate offense. However, the Florida Supreme Court has held sale and possession of the same narcotic to...

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