Smith v. State

Full title: KENNETH SMITH, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Jan 4, 1985

461 So. 2d 1024 (Fla. Dist. Ct. App. 1985)

Opinion

No. 83-1821.

January 4, 1985.

Appeal from Circuit Court, Broward County; Thomas M. Coker, Jr., Judge.

Richard L. Jorandby, Public Defender, and Louis G. Carres, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Robert L. Teitler, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Kenneth Smith was charged by Information with trafficking in cocaine (Count I) and possession of cocaine (Count III). He appeals his conviction of delivery of cocaine (as a lesser included offense of the Count I trafficking charge) and possession as charged (Count III).

Appellant Smith was a co-defendant of Carlos Di Paola in the trial court. We affirm the conviction and sentence on Count III, having determined that all points on appeal save one represent no error or harmless error. We reverse the conviction and sentence on Count I for the reasons expressed in our opinion in Di Paola v. State, 461 So.2d 284 released simultaneously with our opinion in this case.

AFFIRMED IN PART; REVERSED IN PART; and REMANDED FOR NEW TRIAL.

ANSTEAD, C.J., and HERSEY and HURLEY, JJ., concur.