Florida District Courts of Appeal, 1993

Henderson v. State

Henderson v. State
Florida District Courts of Appeal · Decided March 10, 1993 · Campbell, Parker, Patterson
614 So. 2d 688; 1993 Fla. App. LEXIS 2516; 1993 WL 66255 (Southern Reporter, Second Series)

Henderson v. State

Opinion of the Court

PER CURIAM.

Appellant received concurrent twelve-year prison sentences for sale of cocaine, a second degree felony, and for possession of cocaine, a third degree felony. The state concedes that the sentence for possession exceeds the five-year statutory maximum. §§ 893.13(l)(f), 775.082(3)(d), Fla.Stat. (1991).

Accordingly, we vacate only the sentence for possession and remand for correction of that sentence. Appellant need not be present for the correction. The sentence for the sale is affirmed.

CAMPBELL, A.C.J., and PARKER and PATTERSON, JJ., concur.

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