(DOWNLOAD) "Russell White Brothers v. State Florida" by Court of Appeal of Florida # eBook PDF Kindle ePub Free
eBook details
- Title: Russell White Brothers v. State Florida
- Author : Court of Appeal of Florida
- Release Date : January 10, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
The appellant was charged in an amended information with one count of violation of the Florida Racketeering Influenced and
Corrupt Organization Act, three counts of criminal conspiracy to traffic in cocaine, and three counts of trafficking in cocaine.
The jury returned a verdict finding the appellant guilty of the racketeering charge, two counts of criminal conspiracy to
traffic in cocaine and two counts of trafficking in cocaine. The trial court entered judgment on the verdict and sentenced
the appellant to nine years imprisonment on the racketeering charge, concurrent with consecutive terms of fifteen years imprisonment
and a $250,000 fine on each of the remaining counts. The appellant appeals from his conviction and sentence. We affirm. We hold that the trial court permissibly stacked the appellant's consecutive minimum mandatory sentences because the appellant
arranged the drug transactions at times different from when he actually executed them. He negotiated the first transaction
on April 6 and 7 but did not pick up the cocaine until April 8, and he negotiated the second transaction on June 5 or 6 but
did not pick up the cocaine until June 7. Thus, the conspiracies were separate and distinct from the trafficking. See Boom
v. State, 538 So.2d 476 (Fla. 2d DCA 1989); Berrio v. State, 518 So.2d 979 (Fla. 2d DCA 1988). Contra Short v. State, 572
So.2d 1007, 16 F.L.W. 107 (Fla. 3d DCA Jan. 2, 1991). We find no reversible error on the remaining issues. However, we note
in passing that we do not consider the merits of the guidelines sentencing departure reasons given by the trial court because
they are rendered moot by our decision. AFFIRMED.
 "Russell White Brothers v. State Florida" by Court of Appeal of Florida # eBook PDF Kindle ePub Free){kind=link}