Durden v. State, 2D03-508.
| Citation | 901 So.2d 967 |
| Decision Date | 11 May 2005 |
| Docket Number | No. 2D03-508.,2D03-508. |
| Parties | David Patrick DURDEN, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
901 So.2d 967
David Patrick DURDEN, Appellant,v.
STATE of Florida, Appellee
No. 2D03-508.
District Court of Appeal of Florida, Second District.
May 11, 2005.
Robert A. Norgard, Bartow, for Appellant.
Charles J. Crist, Jr., Attorney General, Tallahassee, and Katherine Coombs Cline, Assistant Attorney General, Tampa, for Appellee.
David Patrick Durden appeals his convictions for two counts of conspiracy to traffic in cocaine, trafficking in cocaine, and attempted trafficking in cocaine. Durden asserts for the first time on appeal that fundamental error occurred when he was convicted of two separate charges of conspiracy to traffic in cocaine. Because the two convictions violate the prohibition against double jeopardy, one of those convictions must be reversed and Durden must be resentenced. We, however, affirm the remainder of Durden's convictions.1
In Pinellas County Circuit Court case CRC93-7740, Durden was charged in a multiple-count information which included one count of conspiracy to traffic in cocaine in excess of 400 grams. The information alleged that the offense was committed between December 1 and 25, 1992. In the subsequently filed Pinellas County Circuit Court case CRC94-832, Durden was charged in a multiple-count information which also included one count of conspiracy to traffic in cocaine in excess of 400 grams. The information alleged that this offense was committed between December 26, 1992, and January 29, 1993. Both informations alleged that Durden and the same co-conspirators agreed "to knowingly sell, deliver or to knowingly, actually, jointly, or constructively possess" cocaine weighing more than 400 grams.
A criminal conspiracy is the agreement to commit a criminal act or acts, and if a single agreement exists, only one conspiracy exists even if the conspiracy has as its objectives the commission of multiple offenses. The conspiracy continues to exist until consummated, abandoned, or otherwise terminated by some affirmative act. Doolin v. State, 650 So.2d 44, 44-45 (Fla. 1st DCA 1995). As noted in Epps v. State, 354 So.2d 441, 442 (Fla. 1st DCA 1978), "[a] single conspiracy may have for its object the violation of two or more criminal laws or two or more substantive offenses. The conspiracy is still one offense, no matter how many repeated violations of the law may have been the object of the conspiracy." As noted in Aiello v. State, 390 So.2d 1205 (Fla. 4th DCA 1980), "In essence,...
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