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PRUITT v. STATE

No. 79-1536.

403 So.2d 988 (1980)

James B. PRUITT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 24, 1980.

Attorney(s) appearing for the Case

B. Robert Ohle, St. Petersburg, for appellant.

Jim Smith, Atty. Gen., Tallahassee and Michael J. Kotler, Asst. Atty. Gen., Tampa, for appellee.

RYDER, Judge.

James B. Pruitt appeals his conviction for attempted possession of more than 100 pounds of marijuana. We find no merit in the points raised on appeal and affirm the conviction. However, we remand for resentencing.

Appellant was convicted of attempted possession of more than 100 pounds of marijuana. This court has recently held possession of more than 100 pounds of marijuana to be a third-degree felony. Carvajal v. State,

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