ERVIN, Judge.
The sentence of five years imposed as to count II of the information charging appellant with unlawfully possessing paraphernalia with the intent that such paraphernalia be used for unlawfully injecting, smoking or using a drug must be vacated since the count does not charge a felony. Section 893.13(3)(a)4(b), Florida Statutes (1977), provides essentially, depending upon the allegations charged, that possession of paraphernalia shall be either a felony...
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