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LOWERY v. STATE

Nos. 83-2460, 84-2489.

473 So.2d 815 (1985)

Thomas LOWERY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

August 9, 1985.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender and John T. Kilcrease, Jr., Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee and James H. Dysart, Asst. Atty. Gen., Tampa, for appellee.

RYDER, Chief Judge.

We affirm appellant's convictions of conspiracy to traffic in cocaine and delivery of cocaine. However, at the time of appellant's convictions, a conviction for conspiracy to traffic in cocaine was a second degree felony. §§ 777.04(4) and 893.135(1)(b), Fla. Stat. (1981). Because the court adjudicated appellant guilty of a first degree felony on this conviction, we remand the case for the court to correct the judgment. Furthermore, because...

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