Smith v. StateSmith v. State
Reversed in part and remanded with instructions to vacate appellants’ convictions and sentences for possession of cocaine with intent to sell. Under the facts of this case we do not believe the appellants could properly be convicted and sentenced for both the sale and possession with intent to sell of the same cocaine sold to undercover police agents in street transactions videotaped by other police officials. See Fletcher v. State, 428 So.2d 667 (Fla. 1st DCA 1982), rev. denied, 430 So.2d 452 (Fla. 1983), and Carawan v. State, 515 So.2d 161 (Fla. 1987). We acknowledge that the Fletcher decision and our holding herein are in direct conflict with the holding in Dukes v. State, 464 So.2d 582 (Fla.2d DCA 1985), so that the parties may have this issue resolved by the Florida Supreme Court.
ANSTEAD, DELL and STONE, JJ., concur.