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Brothers v. State

District Court of Appeal of Florida, Fourth District
Apr 10, 1991
577 So. 2d 701 (Fla. Dist. Ct. App. 1991)

Summary

holding that the trial court permissibly stacked defendant's consecutive minimum mandatory sentences because he arranged the drug transactions at times different from when he executed them

Summary of this case from Gerrish v. State

Opinion

No. 88-3478.

April 10, 1991.

Appeal from the Circuit Court for Broward County, Patti Englander Henning, J.

Bruce S. Rogow and Kenneth E. Delegal, Fort Lauderdale, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Lynn G. Waxman, Asst. Atty. Gen., West Palm Beach, for appellee.


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 (Fla. 3d DCA 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.

HERSEY, C.J., LETTS, J., and WALDEN, JAMES H., Senior Judge, concur.


Summaries of

Brothers v. State

District Court of Appeal of Florida, Fourth District
Apr 10, 1991
577 So. 2d 701 (Fla. Dist. Ct. App. 1991)

holding that the trial court permissibly stacked defendant's consecutive minimum mandatory sentences because he arranged the drug transactions at times different from when he executed them

Summary of this case from Gerrish v. State
Case details for

Brothers v. State

Case Details

Full title:RUSSELL WHITE BROTHERS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Apr 10, 1991

Citations

577 So. 2d 701 (Fla. Dist. Ct. App. 1991)

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