STANLEY v. STATE

No. 86-946.

507 So.2d 1131 (1987)

Leroy STANLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied June 2, 1987.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Michael S. Becker, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph N. D'Achille, Jr., Asst. Atty. Gen., Daytona Beach, for appellee.


COBB, Judge.

Stanley was convicted of violating section 893.13(1)(e), Florida Statutes (1983), which provides that possession of cannabis in an amount over 20 grams and not over 100 pounds constitutes a third-degree felony. The trial judge entered a departure sentence based on quantity — the fact that Stanley possessed 99 pounds of cannabis. If the amount had exceeded 100 pounds, the offense would have been elevated to a first-degree felony. § 893.135...

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