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555 So. 2d 969

Smith v. State

District Court of Appeal of Florida

Decided January 26, 1990

District Court of Appeal of Florida · decided 1990-01-26

Relies on 544 So. 2d 1004 - Wood v. State · 528 So. 2d 910 - Gordon v. State · Dukes v. State

Decided 1990-01-26

PER CURIAM.

¶1Appellant Edith Smith brings two separate errors to our attention. First, her two convictions and sentences for possession of marijuana must be vacated. In each instance it is undisputed that these involved the same undivided quantity of marijuana as did the two sale charges. Gordon v. State, 528 So.2d 910 (Fla. 2d DCA 1988); Dukes v. State, 528 So.2d 531 (Fla. 2d DCA 1988). Second, court costs were assessed without prior notice, thus requiring us to strike this provision of the judgment and sentence. Wood v. State, 544 So.2d 1004 (Fla.1989).

¶2The judgments and sentences for sale of marijuana are affirmed.

CAMPBELL, C.J., and RYDER and DANAHY, JJ., concur.
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