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CARVAJAL v. STATE

No. 80-406.

392 So.2d 287 (1980)

Jamie Augusto CARVAJAL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied January 13, 1981.

Attorney(s) appearing for the Case

J. Leonard Fleet, Hollywood, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and G.P. Waldbart, Asst. Atty. Gen., Tampa, for appellee.

DANAHY, Judge.

Jamie Carvajal appeals convictions and sentences for importation of marijuana, possession of more than 100 pounds of marijuana, and possession of marijuana with intent to sell. The only issue he raises which we feel to have merit is the legality of his sentence for count 3, possession of more than 100 pounds of marijuana.

Appellant was fined $10,000 and sentenced to a ten-year prison term for this offense. However, this court has held in

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