Florida District Courts of Appeal, 1991

Lee v. State

Lee v. State
Florida District Courts of Appeal · Decided March 6, 1991 · Dell, Downey, Garrett
575 So. 2d 325; 1991 Fla. App. LEXIS 1623; 1991 WL 27509 (Southern Reporter, Second Series)

Lee v. State

Opinion of the Court

PER CURIAM.

Appellant was convicted for purchasing cocaine within 1,000 feet of a school and possession of cocaine, and sentenced to three and one-half years’ imprisonment. Carawan v. State, 515 So.2d 161 (Fla. 1987), applies, making dual convictions and sentences inappropriate. Accordingly, the conviction and sentence for possession of cocaine as charged in Count II are reversed and vacated, and the cause is remanded for resentencing solely on Count I, purchasing cocaine within 1,000 feet of a school.

Affirmed in part and reversed in part, with directions.

DOWNEY, DELL and GARRETT, JJ., concur.

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