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CHERRY v. STATE

No. 82-2365.

439 So.2d 998 (1983)

Carl John CHERRY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 26, 1983.

Attorney(s) appearing for the Case

Ray Sandstrom of Sandstrom & Haddad, Fort Lauderdale, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Sharon Lee Stedman, Asst. Atty. Gen., West Palm Beach, for appellee.

GLICKSTEIN, Judge.

This is an appeal from a subsequently imposed sentence of five years which was imposed after appellant had begun serving a previously imposed sentence of three years. We hold that the trial court could not vacate the previous, legal sentence and remand for reinstatement of that sentence.

Trafficking in cocaine, in the amount found in Section 893.135(1)(b)(3), Florida Statutes (1981), carries...

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