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SMITH v. STATE

No. 85-457.

482 So.2d 469 (1986)

Robert Charles SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied February 7, 1986.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and James R. Wulchak, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.

DAUKSCH, Judge.

Robert Charles Smith appeals his convictions and sentences for the sale1 and possession of less than twenty grams2 of marijuana. He submits the information against him was insufficient to vest jurisdiction in the circuit court because it alleged a felony and a misdemeanor alternatively. Appellant challenges his sentences on the ground that the trial court's reasons for departing from the sentencing...

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