No. 95-3060.District Court of Appeal of Florida, Fifth District.
September 27, 1996.
Appeal from the Circuit Court, Brevard County; Lawrence v. Johnston, Judge.
Dauksch, J., concurred in conclusion only.
James B. Gibson, Public Defender, and Rebecca M. Becker, Assistant Public Defender, Daytona Beach, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Anthony J. Hall, Assistant Attorney General, Daytona Beach, for Appellee.
On appeal, the appellant raises the question whether a person found to be in possession of cocaine inside a baggie can be convicted of both the crime of possession of the drug and of the separate offense of possession of drug paraphernalia. Unfortunately, this issue was not raised below. We observe, however, that apparently the answer is “yes.” See State v. McCray, 561 So.2d 257 (Fla. 1990).
HARRIS and GRIFFIN, JJ., concur.
DAUKSCH, J., concurs in conclusion only.