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Florida District Courts of Appeal, 1996

K.A.O. v. State

K.A.O. v. State
Florida District Courts of Appeal · Decided November 15, 1996 · Cobb, Goshorn, Sharp
682 So. 2d 708; 1996 Fla. App. LEXIS 12118; 1996 WL 661059 (Southern Reporter, Second Series)

K.A.O. v. State

Opinion of the Court

W. SHARP, Judge.

We affirm K.AO.’s conviction for possession of cocaine1 and possession of drug paraphernalia.2 However, we find the trial court erred in sentencing K.A.O. to a suspended commitment until his nineteenth birthday: a period of one year and one month. This term exceeded the statutory maximum sentence allowed by law for the offense of possession of drug paraphernalia, a first degree misdemeanor.3 The trial judge also improperly imposed the same sentence for both counts. Dorfman v. State, 351 So.2d 954 (Fla. 1977).

We vaeate the sentence and remand for resentencing on each count within the statutory maximum term allowed for each offense.

Sentence VACATED; REMANDED for resentencing.

COBB and GOSHORN, JJ., concur.

. § 893.13, Fla. Stat. (1995).

. § 893.147, Fla. Stat. (1995).

. §§ 893.147(1), 775.082(4)(a), Fla. Stat. (1995).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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