Florida District Courts of Appeal, 1990

Davis v. State

Davis v. State
Florida District Courts of Appeal · Decided January 26, 1990 · Lehan, Patterson, Ryder
555 So. 2d 967; 1990 Fla. App. LEXIS 457; 1990 WL 5220 (Southern Reporter, Second Series)

Davis v. State

Opinion of the Court

PER CURIAM.

We find merit only in one point on appeal. That is that defendant was improperly convicted of both possession and delivery of the same cocaine. See Park v. State, 528 So.2d 524 (Fla. 2d DCA 1988); Gordon v. State, 528 So.2d 910 (Fla. 2d DCA 1988).

Upon remand the possession conviction shall be vacated and the trial court shall recalculate the scoresheet and resentence defendant with respect to a recalculated scoresheet if a different sentence is called for.

RYDER, A.C.J., and LEHAN and • PATTERSON, JJ., concur.

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