Lowery v. State
Cases that cite this one
1 later published case cites this decision.
- Favors v. State (Fla. Dist. Ct. App. 1985)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
We affirm appellant’s convictions of conspiracy to traffic in cocaine and delivery of cocaine. However, at the time of appellant’s convictions, a conviction for conspiracy to traffic in cocaine was a second degree felony. §§ 777.04(4) and 893.135(l)(b), Fla.Stat. (1981). Because the court adjudicated appellant guilty of a first degree felony on this conviction, we remand the case for the court to correct the judgment. Furthermore, because the trial judge sentenced appellant to only half of the statutory maximum of what the court thought was a first degree felony, we reverse the sentence for resentencing as a second degree felony.
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.