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515 So. 2d 982

515 So.2d 982

12 Fla.L.Weekly 601

C.P. v. State

Supreme Court of Florida

Decided December 3, 1987

Supreme Court of Florida · decided 1987-12-03

Relies on Franklin v. State · 494 So. 2d 255 - State v. McGee · 505 So. 2d 616 - C.P. v. State

Decided 1987-12-03

OVERTON, Justice.

¶1We have for review C.P. v. State, 505 So.2d 616 (Fla. 3d DCA 1987), in which the district court, citing State v. McGee, 494 So.2d 255 (Fla. 2d DCA 1986), affirmed the charge of possession with intent to sell less than twenty grams of cannabis as a third-degree felony, rather than a first-degree misdemeanor. We accepted jurisdiction on the basis of acknowledged conflict with Franklin v. State, 346 So.2d 137 (Fla. 1st DCA 1977). In our recent decision in McGee v. State, 509 So.2d 1102 (Fla.1987), we resolved the conflict in accordance with the district court’s view in the instant case. *983Accordingly, we approve the decision of the district court.

¶2It is so ordered.

McDonald, C.J., and EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
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