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Senato v. State

District Court of Appeal of Florida, Second District
Aug 2, 1989
546 So. 2d 1177 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-2711.

August 2, 1989.

Appeal from the Circuit Court for Manatee County; Scott M. Brownell, Judge.

James Marion Moorman, Public Defender, and Andrea M. Steffen, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Donna A. Provonsha, Asst. Atty. Gen., Tampa, for appellee.


We find no merit in the issues raised by the appellant, John Senato, in this appeal, and we affirm his convictions for possession of, conspiracy to traffic in, and trafficking in cocaine. However, because we cannot determine from the record before us whether Senato's convictions for possession and trafficking arose from a single act and whether, therefore, his double jeopardy rights were violated, see Lee v. State, 526 So.2d 777 (Fla. 2d DCA 1988), and because no double jeopardy objection was made in the trial court, we affirm Senato's convictions for these two offenses without prejudice to Senato seeking relief pursuant to Florida Rule of Criminal Procedure 3.850. Watts v. State, 541 So.2d 1208 (Fla. 2d DCA 1988).

Affirmed.

FRANK, A.C.J., and PARKER, J., concur.


Summaries of

Senato v. State

District Court of Appeal of Florida, Second District
Aug 2, 1989
546 So. 2d 1177 (Fla. Dist. Ct. App. 1989)
Case details for

Senato v. State

Case Details

Full title:JOHN F. SENATO, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Aug 2, 1989

Citations

546 So. 2d 1177 (Fla. Dist. Ct. App. 1989)