Long v. State

Full title: JERRY LEE LONG, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Jul 26, 1989

546 So. 2d 1152 (Fla. Dist. Ct. App. 1989)

Opinion

No. 87-02351.

July 26, 1989.

Appeal from the Circuit Court for Hillsborough County; Susan C. Bucklew, Judge.

James Marion Moorman, Public Defender, and Stephen Krosschell, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and David R. Gemmer, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

The defendant appeals his convictions and sentences for delivery of cocaine, possession of cocaine, and possession of cocaine with intent to sell. The sentences were imposed on revocation of his probation. The defendant raises on direct appeal the possibility that the convictions arise from a single act of possession. Gordon v. State, 528 So.2d 910 (Fla. 2d DCA 1988). We affirm on all issues because the record on appeal is insufficient to resolve this issue, even after this court gave the appellant opportunity to supplement the record with additional information from the trial court's existing record. This affirmance is without prejudice to the defendant's ability to seek post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850.

Affirmed.

FRANK, A.C.J., and HALL and ALTENBERND, JJ., concur.