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STATE v. SAMUDIO

No. 84-1067.

460 So.2d 419 (1984)

STATE of Florida, Appellant, v. Nester SAMUDIO, Appellee.

District Court of Appeal of Florida, Second District.

November 14, 1984.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Robert J. Krauss, Asst. Atty. Gen., Tampa, for appellant.

Jerry Hill, Public Defender, and Larry G. Bryant, Asst. Public Defender, Bartow, for appellee.

SCHOONOVER, Judge.

Appellant, the State of Florida, appeals from the judgment and sentences imposed against appellee, Nester Samudio. We agree with the state's contention that the trial court erred in sentencing Mr. Samudio, and, accordingly, we reverse.

Mr. Samudio was found guilty of attempted delivery of a controlled substance, trafficking in cocaine (400 grams or more), and conspiracy to engage in trafficking...

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