No. 84-550 | Fla. Dist. Ct. App. | Jan 29, 1985
The judgment of conviction for trafficking in cocaine is affirmed upon holdings that there was no error in the instructions to the jury; the evidence was sufficient to warrant conviction; even if, arguendo, the point had been preserved by timely objection at trial, the police officer’s testimony did not constitute a comment on the defendant’s right to remain silent, see Antone v. State, 382 So. 2d 1205" date_filed="1980-03-27" court="Fla." case_name="Antone v. State">382 So.2d 1205 (Fla.1980); and Section 893.135, Florida Statutes, is not, as the defendant asserts, unconstitutional, see State v. Benitez, 395 So. 2d 514" date_filed="1981-02-12" court="Fla." case_name="State v. Benitez">395 So.2d 514 (Fla.1981); Stone v. State, 402 So. 2d 1330" date_filed="1981-08-28" court="Fla. Dist. Ct. App." case_name="Stone v. State">402 So.2d 1330 (Fla. 1st DCA 1981). The judgment of conviction for possession of cocaine is reversed upon the authority of Bell v. State, 437 So. 2d 1057" date_filed="1983-06-09" court="Fla." case_name="Bell v. State">437 So.2d 1057 (Fla.1983).
Affirmed in part; reversed in part.