Florida District Courts of Appeal, 1991

Joseph v. State

Joseph v. State
Florida District Courts of Appeal · Decided May 21, 1991 · Ferguson, Levy, Nesbitt
578 So. 2d 910; 1991 Fla. App. LEXIS 5242; 1991 WL 82535 (Southern Reporter, Second Series)

Joseph v. State

Opinion of the Court

PER CURIAM.

We affirm the defendant’s conviction and sentence for cocaine trafficking. Based on *911our inspection of the record and the state’s confession of error, we vacate the sentence entered on the defendant’s additional conviction of cocaine possession. Defendant was sentenced to eight years for this third-degree felony when the maximum guidelines sentence for such an offense is five years. § 775.082(3)(d), Fla.Stat. (1989). Accordingly, we remand for proper sentencing on the possession conviction,

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