Public-domain · open source
OpenJurist

682 So. 2d 708

K.A.O. v. State

District Court of Appeal of Florida

Decided November 15, 1996

District Court of Appeal of Florida · decided 1996-11-15

Relies on Dorfman v. State

Decided 1996-11-15

W. SHARP, Judge.

¶1We 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).

¶2We vaeate the sentence and remand for resentencing on each count within the statutory maximum term allowed for each offense.

¶3Sentence VACATED; REMANDED for resentencing.

COBB and GOSHORN, JJ., concur.

¶4. § 893.13, Fla. Stat. (1995).

¶5. § 893.147, Fla. Stat. (1995).

¶6. §§ 893.147(1), 775.082(4)(a), Fla. Stat. (1995).

/682/so2d/708 · .json · Public domain