MacHado–De–Morais v. State

101 So.3d 946

Nadir MACHADO–DE–MORAIS, Appellant,

v.STATE of florida, Appellee.

No. 1D11–4797.

District Court of Appeal of Florida, First District.

Dec. 13, 2012.

An appeal from the Circuit Court for Duval County. Charles Cofer, Judge.

Nancy A. Daniels, Public Defender, and Gail E. Anderson, Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, and Samuel A. Perrone, Assistant Attorney General, Tallahassee, for Appellee.

Prior Report: ––– So.3d ––––.

ON MOTION FOR REHEARING, FOR A WRITTEN OPINION AND FOR CERTIFICATION OF CONFLICT

PER CURIAM.

We grant appellant's motion for rehearing, withdraw our prior opinion, and substitute the following.

Appellant contends in part that the evidence did not establish that the crimes of conspiracy to purchase cocaine occurred because the evidence showed only that the alleged coconspirator was a seller of cocaine and that appellant was a buyer, and therefore each intended to commit a different criminal offense. We have previously rejected this argument, see Pallin v. State, 965 So.2d 1226 (Fla. 1st DCA 2007), and do so again today. We certify conflict with Davis v. State, 95 So.3d 340 (Fla. 5th DCA 2012).

AFFIRMED.

BENTON, C.J., LEWIS, and ROWE, JJ., concur.