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473 So. 2d 815

473 So.2d 815

10 Fla.L.Weekly 1930

Lowery v. State

District Court of Appeal of Florida · decided 1985-08-09

Cited by 4 later decisions — most recently December 1987

4 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1985-08-09

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RYDER, Chief Judge.

¶1We affirm appellant’s convictions of conspiracy to traffic in cocaine and delivery of cocaine. However, at the time of appellant’s convictions, a conviction for conspiracy to traffic in cocaine was a second degree felony. §§ 777.04(4) and 893.135(l)(b), Fla.Stat. (1981). Because the court adjudicated appellant guilty of a first degree felony on this conviction, we remand the case for the court to correct the judgment. Furthermore, because the trial judge sentenced appellant to only half of the statutory maximum of what the court thought was a first degree felony, we reverse the sentence for resentencing as a second degree felony.

¶2Reversed and remanded.

SCHOONOVER and LEHAN, JJ., concur.
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