SPIVEY v. STATE

No. 98-633.

731 So.2d 61 (1999)

Willie SPIVEY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 31, 1999.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Julie M. Levitt and Robert Godfrey, Assistant Public Defenders, Miami, for appellant.

Robert A. Butterworth, Attorney General and Barbara A. Zappi, Assistant Attorney General, Fort Lauderdale, for appellee.

Before SCHWARTZ, C.J. and FLETCHER and SHEVIN, JJ.


SCHWARTZ, Chief Judge.

Spivey appeals from his convictions of trafficking in cocaine and conspiracy to traffic in cocaine. We affirm the trafficking conviction but reduce the conspiracy conviction to conspiracy to deliver cocaine.

The case arises from a sting in which undercover officers arranged the purported purchase of an ounce, 28 grams, of cocaine through a person named Lolita. After Lolita had at least one telephone conversation in the officers' presence...

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